Upgrade.Vet

NAVY | DRB | 2010_Navy | ND1000477

Original file (ND1000477.rtf) Auto-classification: Denied

ex-HM2, USN

Current Discharge and Applicant’s Request

Application Received: 20091124

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)        19880224 - 19880405     Active: 19880406-19941215 HON

Period of Service Under Review:
Date of Current Enlistment: 19941216     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20010716      Highest Rank/Rate: HM1
Length of Service : Y ear ( s ) M onth ( s ) 00 D a y ( s )
Education Level:        AFQT: 60
Evaluation M arks:         Performance: 4.0 ( 2 )      Behavior: 4.0 ( 1 )        OTA: 4.00 5.0 Eval s
         Performance: 4.1 ( 6 )      Behavior: 4.0 ( 6 )        OTA: 4.04 4.0 Eval s

Awards and Decorations ( per DD 214):      Pistol (3) (3) (2) (3) FMFR CGMUC

Periods of UA /C ONF :

NJP :

S CM :
- 20010626 :       Art icle 80 (Attempt to steal 60 tablets of Percocet on 20001107)
         Article 121 (Larceny of 60 tablets of Percocet on 20001102)
         Article 134 (Wrongfully solicit LT H__ in making a false official statement)
         Sentence : RIR-E5

SPCM:

C C :

Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 880406 UNTIL 941215 ”
         “ MILPERSMAN 1910-104 ”

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.

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:          Rehabilitation/Treatment:                  Criminal Records:
         Personal Documentation :          Community Service:                References:
         Department of VA letter:                  Oth er Documentation:
                  Additional Statements :
         From Applicant:          From /To Representation:          From /To Congress m ember :

Pertinent Regulation/Law

A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 32 effective 8 May 2001 until 14 October 2001, Article 1910-104, SEPARATION BY REASON OF EXPIRATION OF ACTIVE OBLIGATED SERVICE (EAOS).

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. The Applicant contends his discharge is inequitable , because it was based on an isolated incident.

Decision

Date: 20110303 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. 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 Summary Court-Martial (SCM) for o f the Uniform Code of Military Justice (UCMJ): Article 80 (Attempt to steal 60 tablets of Percocet), Article 121 (Larceny of 60 tablets of Percocet) , and Article 134 (Wrongfully solicit a Navy Officer in making a false official statement). The Applicant was kept on legal hold for seven months past his obligated service to investigate and punish him at a SCM. Yet, the command allowed the Applicant to be discharged from the Navy based on his completion of required active service.

: (Decisional) ( ) . The Applicant contends his discharge is inequitable , because it was based on an isolated incident. Despite a Sailor’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. Although the NDRB determined that the characterization was warranted, the command did not administratively separate the Applic ant by reason of his misconduct , but allowed him to leave the Navy under the reason of “ Completion of Required Active S ervice.” By doing this, the command took the misconduct out of play and was required to base his characterization of service based on his evaluations, which were very good. The NDRB determined that the discharge characterization was inequitable based on the type of discharge and that an upgrade would be appropriate. Relief granted.

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 .

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

USMC | DRB | 2012_Marine | MD1200488

Original file (MD1200488.rtf) Auto-classification: Denied

of controlled substances)Awarded: ,,(60 days)Suspended: and(30 days)SCM:SPCM:CC: 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...
USMC | DRB | 2011_Marine | MD1101241

Original file (MD1101241.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20070821 - 20070903Active: Period of Service Under Review: Date of Current Enlistment: 20070904Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20100412Highest Rank:Length of Service: Year(s)Month(s)9 Day(s)Education Level: AFQT:88MOS: 1371Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2012_Marine | MD1200762

Original file (MD1200762.rtf) Auto-classification: Denied

The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum , however, completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if post-service conduct establishes that the in-service misconduct was an aberration. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of...
USMC | DRB | 2012_Marine | MD1200854

Original file (MD1200854.rtf) Auto-classification: Denied

of controlled substances, 3 specifications) Specification 1: Wrongfully possessed 32 tablets of Ecstasy Specification 2: Wrongfully distributed one tablet of Ecstasy to San Bernardino County Police Officer Specification 3: Wrongfully used EcstasySentence: 21 days 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...
NAVY | DRB | 2009_Navy | ND0901237

Original file (ND0901237.rtf) Auto-classification: Denied

An administrative separation board was convened and the members found by a vote of 3to 0 that the preponderance of the evidence supported a basis for discharge due to drug abuse and by a unanimous vote the administrative board recommended separation with an Other Than Honorable characterization of service. Taking into consideration the evidence of record, the Applicant’s years of service, age, experience, offenses and his personal statement the Board has determined that an upgrade is not...
NAVY | DRB | 2010_Navy | ND1001837

Original file (ND1001837.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 | 2009_Navy | ND0902265

Original file (ND0902265.rtf) Auto-classification: Denied

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. The Applicant could have produced evidence as stated in the Post-Service Conduct paragraph in the addendum with the full understanding that completion of these items alone does not guarantee an upgrade.Relief denied.Summary: After a...
NAVY | DRB | 2012_Navy | ND1200297

Original file (ND1200297.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20040618 - 20040725Active:20040726 - 20080723 Period of Service Under Review: Date of Current Enlistment: 20080724Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090806Highest Rank/Rate:IT3Length of Service:Year(s)Month(s) 14 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:4.0(1)Behavior:4.0(1)OTA: 3.71Awards and Decorations (per...
NAVY | DRB | 2012_Navy | ND1200679

Original file (ND1200679.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...
USMC | DRB | 2011_Marine | MD1100946

Original file (MD1100946.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.The Applicant seeks a change in his RE-code and would like an upgrade to help with employment opportunities.2. 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...

Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1000477

Similar Decisions