Upgrade.Vet

NAVY | DRB | 2010_Navy | ND1000484

Original file (ND1000484.rtf) Auto-classification: Denied

ex-EOCR, USN

Current Discharge and Applicant’s Request

Application Received: 20091130

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)        19940311 - 19940321     Active:          19940322 - 19970930

Period of Service Under Review:
Date of Current Enlistment: 19971001     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19991013      Highest Rank/Rate: EOCN
Length of Service : Y ear s M onth s 13 D a ys
Education Level:        AFQT: 33
Evaluation M arks:         Performance: NFIR         Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214):      Rifle Pistol (3)

Periods of UA /C ONF :

NJP:

- 19990701 :      Article (Drugs - marijuana 40 ng/ml), 2 specifications
         Specification 1: 19990601
         Specification 2: 19990610
         Awarded: RESTR EPD Suspended:

- 19990817 :      Article (UA) , 5 specifications
         Specification 1: 0800-0830, 19990724
         Specification 2: 0640-0744, 19990730
         Specification 3: 0640-0651, 19990809
         Specification 4: 0640-0724, 19990811
         Specification 5: 0640-0714, 19990816
         Article ( Willful d isobe dience of a superior commission officer )
         Awarded : CCU Susp ended:

SCM:     SPCM:    C C :      Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB note d a n a dministrative error on the original DD Form 214:

“ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 940322 UNTIL 970930 ”

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 1999 until 26 March 2000,
Article 1910-146, SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE.

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 did not state any issues.

Decision

Date: 2011022 4 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 Applicant did not identify any decisional issues to the Board. However, 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 for o f the Uniform Code of Military Justice (UCMJ): Article (Drugs - marijuana 40 ng/ml), 2 specifications (Specification 1: 19990601), (Specification 2: 19990610) , Article (Absence without leave), 5 specifications (Specification 1: UA, 0800-0830, 19990724), (Specification 2: UA, 0640-0744, 19990730), (Specification 3: UA, 0640-0651, 19990809), (Specification 4: UA, 0640-0724, 19990811), (Specification 5: UA, 0640-0714, 19990816), and Article (Willful disobedience of a superior commission ed officer) . The Applicant acknowledged complete understanding of the Navy’s Policy Concerning Illegal Use of Drugs on 28 March 1994 . Based on the offenses committed by the Applicant, command administratively processed for separation. Based on the Article 112a violation, processing for administrative separation is mandatory. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, to submit a written statement for consideration by the separating authority, and to request an administrative board.

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.

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 . 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, Reenlistment/RE-code , Employment/Educational Opportunities, Service Benefits and Post-Service Conduct .

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 | 2007_Marine | MD0700745

Original file (MD0700745.rtf) Auto-classification: Denied

Representation: Discussion Issue(s) 1 - 2: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR (DEP) 19981020 -...
USMC | DRB | 2010_Marine | MD1000422

Original file (MD1000422.rtf) Auto-classification: Denied

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.Issue 2: (Decisional) (Clemency) RELIEF NOT WARRANTED. ” The other issues raised by the Applicant to include: incorrect field artillery course number, claim of a calendar year 1999 medical discharge (versus bad conduct in 2001), incorrect characterization of service, and station where...
NAVY | DRB | 2007_Navy | ND0700247

Original file (ND0700247.rtf) Auto-classification: Denied

Summary of ServicePrior Service: Inactive: USNR (DEP)19900507 - 19901001Active: 19901002 - 1995092819950929 - 19980910 Period of Service Under Review: Date of Enlistment: 19980911Years Contracted:Date of Discharge:20000223 Length of Service: 01 Yrs 05Mths13 DysLost Time:Days UA: 19 Days Confined: Education Level: Age at Enlistment:AFQT: 56Highest Rank/Rate:AC2Evaluation marks (# of occasions): Performance: 3.0(2) Behavior: 2.5(2) OTA: 2.64 Awards and Decorations (per DD 214):MERITORIOUS UNIT...
USMC | DRB | 2007_Marine | MD0700822

Original file (MD0700822.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Awarded - FOP ($479.00) for (2months); CCU for (30 days).19990401: MARCORSEPMAN 6105 counseling for failure to obey orders and regulations in conjunction with an alcohol related incident, consuming alcohol while being under the legal drinking age.19990407: SCM -- Viol UCMJ Art. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an...
USMC | DRB | 2007_Marine | MD0700932

Original file (MD0700932.rtf) Auto-classification: Denied

Record of service. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR (DEP)19960131 - 19960902 Period of Service Under Review: Date of Enlistment: 19960903Years Contracted:4; Extension: Date of Discharge:19990730Length of Service: 02 Yrs 10 Mths 28 DysLost Time:Days UA: Days...
USMC | DRB | 2013_Marine | MD1300096

Original file (MD1300096.rtf) Auto-classification: Denied

Relief denied.4: (Decisional) () . Relief 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 .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review...
NAVY | DRB | 2011_Navy | ND1100868

Original file (ND1100868.rtf) Auto-classification: Denied

Relief 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 .The Applicant is not eligible for further review from the NDRB. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...
NAVY | DRB | 2013_Navy | ND1301054

Original file (ND1301054.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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
NAVY | DRB | 2006_Navy | ND0601013

Original file (ND0601013.rtf) Auto-classification: Denied

Medical Record Entries Related to Characterization of Service or Narrative Reason for SeparationNONEElements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:NOT FOUND IN RECORDNarrative Reason(s): NOT FOUND IN RECORDNOT FOUND IN RECORDLeast Favorable Characterization: NOT FOUND IN RECORDRecord Supports Narrative Reason: Date Applicant Responded to Notification: NOT FOUND IN RECORDRights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit...
USMC | DRB | 2008_Marine | MD0800753

Original file (MD0800753.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall PERSONALITY DISORDER.Discussion : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no...

Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1000484

Similar Decisions