Upgrade.Vet

NAVY | DRB | 2009_Navy | ND0902282

Original file (ND0902282.rtf) Auto-classification: Denied

ex-MA2, USN-R

Current Discharge and Applicant’s Request

Application Received: 20090824

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:         NONE              Active:          19860317 - 19870716 HON

Period of Service Under Review:
Date of Current Enlistment: 19960206     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19991127      Highest Rank/Rate: MA2
Length of Service:
         Inactive:        Y ear( s ) M onth( s ) 25 D a y ( s )
         Active   Y ear( s ) M onth( s ) 27 D a y ( s )
Education Level:        AFQT: 51
Evaluation M arks:         Performance: 3.5 ( 2 )      Behavior: 3.5 ( 2 )        OTA: 3.79

Awards and Decorations ( per DD 214):      Rifle Pistol AFRM (WITH BRONZE “M ” ) JSCM

Periods of UA /C ONF :     NJP :    S CM :    SPCM:

C C :

- 19990810 :       Offense: Larceny
         Sentence : No further information found in record. [Extracted from NAVPERS 1070/613.]

Retention Warning Counseling :

- UNDATED :        For use of poor judgment and unprofessional conduct in regards to civilian conviction.

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 :

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 25, effective 16 September 1999 to 29 March 2000, Article 1910-144, Separation by Reason of Misconduct - Civilian Conviction

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 .

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

Applicant’s Issues

1.       Seeking to serve his country again.
2.       Seeking to have separation program designator code changed .
3 .        Post-service conduct .

Decision

Date : 20 10 0319             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 discharg e 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) warning and one civilian conviction for larceny of goods over $100.00 . The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified coun sel, submit a written statement and request a General Court-Martial Convening Authority (GCMA) review .

: (Nondecisional) The Applicant is seeking an Honorable characterization of service so he can serve his country again. The 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 a reentry code. Only the BCNR can make changes to reentry 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.

: (Decisional) ( ) . The Applicant is seeking to have his separation program designator code (spd) changed and contends “the code was entered wrong (GKK) which is drug abuse” and he never used drugs. The Applicant admitted to committing larceny of goods valued at over $100 for which he was fined and placed on probation . After reviewing the evidence of record and documentary information presented by the Applicant the Board determined there was insufficient evidence upon which to make a determination . A ccording ly, the NDRB concurs with the conc lusion outlined in the Memorandum for Executive Director , Board for Correction of Naval Records of 16 October 2008, which reflects there was no page 13 entry found in the Applicant’s official record documenting his separation from the Navy Reserves or the separation code that he was given. Based on the foregoing , the Applicant’s request to change his SPD code is denied.

: (Decisional) ( ) . The Applicant has also submitted several character references and a urinalysis for the Board’s consideration. 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. While the Board applauds the Applicant’s post-service efforts, the Board determined th e evidence of post-service conduct did not mitigate the misconduct which precipitated the discharge.
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 R eviews and Automatic Upgrades .

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.

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.

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 | 2009_Navy | ND0902248

Original file (ND0902248.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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From/To Representation:From/ToCongress member:Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0901675

Original file (ND0901675.rtf) Auto-classification: Denied

Issues 2 - 3: (Decisonal) () The Applicant is seeking an upgrade to Honorable and contends she was administratively discharged due to an oversight of a “six-month excused absence transfer” that was not properly reflected in her record; and she was given an unsatisfactory performance rating based on inaccurate information regarding her attendance. After reviewing the record of evidence and documentation presented by the Applicant the NDRB determined there was sufficient evidence to support a...
NAVY | DRB | 2014_Navy | ND1400058

Original file (ND1400058.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive: 20020426 - 20091113Active:NONE20091114 - 20111024 Period of Service Under Review: Date of Current Enlistment: 20111025Age at Enlistment:44Period of Enlistment: YearsExtensionDate of Discharge:20121005Highest Rank/Rate:MA2Length of Service:Year(s)Month(s) 11 Day(s)Education Level:AFQT: 48EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations:NRMSM...
NAVY | DRB | 2010_Navy | ND1001259

Original file (ND1001259.rtf) Auto-classification: Denied

Representation: 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 | 2014_Navy | ND1400825

Original file (ND1400825.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety.The Applicant’s record of service included12 periods of unexcused absences from required Navy Reserve drills in a 12-month period during 2011. ” Additional Reviews : After a document review has...
NAVY | DRB | 2015_Navy | ND1500312

Original file (ND1500312.rtf) Auto-classification: Denied

Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of...
NAVY | DRB | 2011_Navy | ND1101060

Original file (ND1101060.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...
NAVY | DRB | 2010_Navy | ND1000571

Original file (ND1000571.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” 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...
NAVY | DRB | 2009_Navy | ND0902280

Original file (ND0902280.rtf) Auto-classification: Denied

The Applicant seeks an upgrade for service benefits. 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.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative...
NAVY | DRB | 2011_Navy | ND1101657

Original file (ND1101657.rtf) Auto-classification: Denied

The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety.The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warning and for of the Uniform Code of Military Justice (UCMJ): Article 121 (Larceny and wrongful appropriation, 2 specifications).The record also reflects the Applicant was on unauthorized absence from 22 December 1998 - 30 April 1999 for 129...

Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0902282

Similar Decisions