Upgrade.Vet

NAVY | DRB | 2009_Navy | ND0901719

Original file (ND0901719.rtf) Auto-classification: Denied

ex-YNSA, USN

Current Discharge and Applicant’s Request

Application Received: 20090604

Characterization of Service Received:

Narrative Reason for Discharge:

Authority for Discharge: MILPERSMAN []

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20050418 - 20050717     Active:

Period of Service Under Review:
Date of Current Enlistment: 20050718     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060609      Highest Rank/Rate: YNSA
Length of Service : Y ear ( s ) M onth ( s ) 22 D a y ( s )
Education Level:        AFQT: 54
Evaluation M arks:         Performance: NA Behavior: NA     OTA: NA

Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

NJP :    SCM:    SPCM:          CC:

Retention Warning Counseling:

- 20060515 :      For chronic indebtedness, frequent substandard performance and inability to obtain security clearance as a result of financial standings.

- 20060601 :      For substandard performance, being UA from Physical Readiness Test on 20060530 at 0630.

Types of Documents Submitted/reviewed

Related to Military Service:
DD 214:                   Service/ Medical Record:          Other Records:

Related to Post-Service Period:
         Employment:               Finances:                 Education /Training :
         Health/Medical Records:          Substance Abuse:                  Criminal Records:
         Family/Personal Status:          Community Service:                References:
Additional Statements :
From Applicant:                  From /To Representat ion :          From /To Congress m ember :
Oth er Documentation :

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1.       Wants his reentry (RE) code readjusted to RE-1.
2.       R ecord of service .
Decision

Date: 20 10 0331             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warnings for chronic indebtedness, frequent substandard performance and inability to obtain a security clearance as a result of financial standings, and no misconduct that resulted in nonjudicial punishment or court-martial. Based on the Applicant’s inability to obtain a security clearance , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and req uest a General Court-Martial Convening Authority (GCMA ) review .

Issue 1: (Nondecisional) The Applicant wants his RE code changed to RE-1. T he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, and is not authorized to change an RE code.

Issue 2 : (Decisional) ( ) . The Applicant contends his negative evaluation does not reflect hi s intent or his performance. The Applicant also cla ims he requested separation from the Navy due to his newly assigned custody of his daughters , but provided no documentation to support his issues. T he Applicant’s commanding officer noted in his letter dated 7 June 2006, “ YNSA [Applicant] has been provided numerous opportunities to correct his deficiencies during a six-month period fol lowing his arrival at [unit ]. His performance has recently declined dramatically. [Unit] advisors (LPO, LCPO, DIVO, Financial Specialists…) have attempted to assist Seaman [Applicant] correct matters and include personal counseling and additional liberty to pursue professional assistance. Seaman [Applicant] continues to disregard advice from his Chain of Command and ignore Command and Navy Instructions. He has not lived up to Navy Core Values. Most recently, YNSA [Applicant] has been counseled on several occasions for dereliction of duty, but has not made any progress. Most recently, YNSA [Applicant] failed to obey a direct order by not participating in the Semi-Annual Physical Readiness Test.” “A review of his application for security clearance revealed that YNSA [Applicant] had acquired substantial debt, which included a substantial debt to the Internal Revenue Service, long before his enlistment.” For the Applicant’s information, members may be separated when they are unqualified for further Naval Service by denial or revocation of a security clearance (for cause), thereby precluding ability to perform duties in assigned rating. The characterization of service should be General (Under Honorable Conditions), unless an Entry Level Separation or Honorable is warranted. The Applicant had more than 180 days of continuous active duty and was not eligible for an Entry Level Separation. Based on the Applicant’s poor performance, substantial debt, and inability to obtain a security clearance, the NDRB determined he met the requirements for separation by reason of unsatisfactory performance and the awarded characterization of service was warranted.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 12, effective 23 September 2005 until Present, Article 1910-156, SEPARATION BY REASON OF UNSATISFACTORY PERFORMANCE.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

ADDENDUM: Information for the Applicant

Complaint Procedures : If you believe the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD ): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB Board are recorded on the original of this document and may be obtained from the service records by writing to:

Secretary of the Navy Council of Review Boards
Attn: Naval Discharge Review Board
720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023

Similar Decisions

NAVY | DRB | 2011_Navy | ND1101503

Original file (ND1101503.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB is only authorized to determine if the discharge was proper and equitable.Issue 2: (Non-decisional) The Applicant wants her Narrative Reason for Separation changed for employment purposes. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB...
NAVY | DRB | 2011_Navy | ND1101345

Original file (ND1101345.rtf) Auto-classification: Denied

Representation: NONE By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2012_Navy | ND1201393

Original file (ND1201393.rtf) Auto-classification: Denied

” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. A request for a waiver can be submitted during the...
NAVY | DRB | 2012_Navy | ND1201334

Original file (ND1201334.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:REQUESTED, BUT NOT SPECIFIED Summary of Service Prior Service: Inactive:USNR (DEP)20080318 - 20080625Active: Period of Service Under Review: Date of Current Enlistment: 20080626Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20110826Highest Rank/Rate: ET3Length of Service: Year(s) Month(s) 01 Day(s)Education Level:AFQT: 69EvaluationMarks:Performance:3.0(6)Behavior:3.0(6)OTA: 3.02Awards and...
NAVY | DRB | 2012_Navy | ND1201930

Original file (ND1201930.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends she served honorably.2. Although the NDRB did not have the Applicant’s complete administrative separation package, the NDRB presumed regularity in government affairs based on the Applicant’s Form DD 214,which indicates she submitted a request for resignation. ” Additional Reviews : After a document review has been conducted, former members are eligible...
NAVY | DRB | 2009_Navy | ND0902250

Original file (ND0902250.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2011_Navy | ND1100077

Original file (ND1100077.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change in his RE code. Representation: none By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing...
NAVY | DRB | 2013_Navy | ND1301363

Original file (ND1301363.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. Relief denied.Summary: After...
NAVY | DRB | 2010_Navy | ND1001868

Original file (ND1001868.rtf) Auto-classification: Denied

: (Nondecisional) The Applicant contends that he should have been given separation pay.The NDRB has no jurisdiction over separation pay as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.Only the Board for Correction of Naval Records can make determinations related to separation pay. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative...
NAVY | DRB | 2012_Navy | ND1201529

Original file (ND1201529.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0901719

Similar Decisions