Upgrade.Vet

NAVY | DRB | 2010_Navy | ND1000753

Original file (ND1000753.rtf) Auto-classification: Denied

ex-AA, USN

Current Discharge and Applicant’s Request

Application Received: 20100126

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)        20040420 - 20041128     Active:
Period of Service Under Review:
Date of Current Enlistment: 20041129     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20061030      Highest Rank/Rate: AN
Length of Service : Y ear ( s ) M onth ( s ) 02 D a y ( s )
Education Level:        AFQT: 39
Evaluation M arks:         Performance: 3.0 ( 2 )      Behavior: 2 .0 ( 2 )        OTA: 2. 84

Awards and Decorations ( per DD 214):
Periods of UA /C ONF :

NJP :

- 20050324 :      Article 92 (Failure to obey order, wrongfully consume alcohol at Club 525)
         Awarded: ORAL Suspended:

- 20050519 :      Article 86 (Unauthorized absence)
         Awarded: ORAL Suspended:

- 20060502 :      Article 112a (Wrongful use of a controlled substance , cocaine 148ng/ml )
         Awarded: Suspended:

S CM :    SPCM: C C :

Retention Warning Counseling:

- 20050324 :      For violation of A rticle 92, F ailure to obey other lawful written order.
- 20050519 :      For violation of A rticle 86, A bsence without leave .

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:                  Other Documentation:
                  Additional Statements:
         From Applicant:          From/To Representation:          From/To Congress member:

Pertinent Regulation/Law

A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 29 April 2005 until
1 June 2008, 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.       Applicant requests that his Reentry (RE) code be upgraded so he can reenlist in the military.
2 .       Post-service achievements warrant consideration for upgrade to an Honorable characterization of service at discharge .

Decision

Date: 20 110 406             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’s record of service included NAVPERS 1070/613 (Page 13) warnings and non-judicial punishments for violations o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Unauthorized absence) , Article 92 ( Failure to obey order or regulation) , and Article 112a ( Wrongful use of a controlled substance, cocaine 148ng/ml) . The record of service does not include any trial by court s -martial. The Applicant ’s service and medical record s did not include any evidence of illegal drug use prior to entering the Navy or a ny pre-service drug waiver. Based on the offenses committed by the Applicant, command administratively processed for separation. T he Applicant’s violation of Article 112 ( a ) of the UCMJ mandates a requirement for processing for administrative separation . When notified of administrative separation processing using the procedure, the Applicant elected to exercise right to consult with a qualified counsel, to submit a written statement, and to request an administrative hearing .

: (Non-decisional) The Applicant requests that his RE code be upgraded so he can reenlist in the military. T he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces ; as such , it is not authorized to change a n RE code. An unfavorable RE code or a less than fully Honorable characterization of service is 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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes . The Applicant may petition the BCNR using DD Form 149. When requesting a change, the Applicant should provide as much documentation as possible regarding his justification for a change. The BCNR’s address is: Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100. Further information may be found online at http://www.donhq.navy.mil/bcnr/bcnr.htm .

: (Decisional) ( ) . The Applicant contends that his post-service achievements warrant consideration for his discharge to be upgraded to Honorable. The NDRB is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law, or regulation that provides that an unfavorable discharge be upgra ded based solely on good conduct or achievements in civilian life subsequent to leaving the service. T he Applicant submitted a characte r reference letter , documentation of participation in a residential alcohol / drug rehab program , small-arms weapons qualification record, and evidence of training in the use of deadly force. T he Board concluded that neither his documentation nor his testimony regarding his post-service activities contained sufficient information to effectively demon strate his in-service misconduct was an aberration and not indicative of his overall character. As such, t he NDRB determined that the Applicant’s discharge was both proper and equitable and the characterization of his service was no more severe than the characterization given others discharged under similar circumstances. R elief denied.

Summary : After a thorough review of the available evidence, to include the Applicant’s sworn testimony, summary of service, record entries, documentary evidence provided by the Applicant , and the discharge process, the NDRB found that the discharge was proper and equitable as issued. Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain MISCONDUCT (DRUG ABUSE) . The Applicant i s not eligible for additional hearings with the NDRB. He may petition the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100 for further review using DD Form 149.

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 | ND1100470

Original file (ND1100470.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’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. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge...
USMC | DRB | 2012_Marine | MD1200093

Original file (MD1200093.rtf) Auto-classification: Denied

When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board.The Applicant provided additional documentation in the form of a U.S. Department of Veterans Affairs (VA)awards letter for the NDRB’s consideration or to rebut the Government’s presumption of regularity that was not already documented in his official military record of service and medical...
NAVY | DRB | 2013_Navy | ND1300002

Original file (ND1300002.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. Additionally, the NDRB has no authority to upgrade a...
USMC | DRB | 2015_Marine | MD1500445

Original file (MD1500445.rtf) Auto-classification: Denied

The Applicant’s record of service included 6105 counseling warnings, for of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, 2 specifications) and Article 108 (Military property of United States-Loss, damage, destruction, or wrongful disposition); and for of the UCMJ: Article 112a (Wrongful use, possession, etc., of controlled substances). Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries,...
NAVY | DRB | 2010_Navy | ND1000470

Original file (ND1000470.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. The Applicant was advised...
NAVY | DRB | 2009_Navy | ND0900517

Original file (ND0900517.rtf) Auto-classification: Denied

The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the offense involved, and based on the limited post service documentation provided an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM:...
NAVY | DRB | 2010_Navy | ND1001576

Original file (ND1001576.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 | 2006_Marine | MD0601001

Original file (MD0601001.rtf) Auto-classification: Denied

), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.20050419: NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 20050414, tested positive for THC.20050422: NJP for violation(s) of UCMJ: Article 112a: On or about 20050309 - 20050409, knowingly and wrongfully used marijuana Award: Forfeiture of $617 for 2 months, restriction for 60 days. Elements of Discharge: [INVOLUNTARY] Discharge...
NAVY | DRB | 2012_Navy | ND1200693

Original file (ND1200693.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade to receive G.I. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the...
NAVY | DRB | 2014_Navy | ND1401510

Original file (ND1401510.rtf) Auto-classification: Denied

Based on the Article 112a violation, processing for administrative separation is mandatory. 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,...

Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1000753

Similar Decisions