Upgrade.Vet

NAVY | DRB | 2010_Navy | ND1000755

Original file (ND1000755.rtf) Auto-classification: Denied

ex-ITSR, 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)        20000922 - 2000 110 5     Active:

Period of Service Under Review:
Date of Current Enlistment: 20001106     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20031016      Highest Rank/Rate: ITSA
Length of Service : Y ear ( s ) M onth ( s ) 11 D a y ( s )
Education Level:        AFQT: 54
Evaluation M arks:         Performance: 2.0 ( 3 )      Behavior: 1.0 ( 3 )        OTA: 2.06

Awards and Decorations ( per DD 214):      (x2) (x2)

Periods of UA :

NJP :

- 20020228 :      Article (Unauthorized absence)
         Article (Failure to obey a lawful gene ral order - underage drinking)
         Article (Assault consummated by a battery)
         Awarded: (45days) (to E-1) Suspended:

- 20030919 :      Article (Willful disobedience of Petty Officer, 3 specifications)
         Awarded: ( 60 days) (to E-1) Suspended:

- 20030923 :      Article ( Disrespect toward a superior commissioned o fficer)
         Awarded: ( 3 days bread and water ) Suspended:

S CM :

- 20020801 :      Article (Unauthorized absence)
         Article 108 (Wrongfully dispose of military property)
         Article ( False or unauthorized pass offenses - w rongfully possessing false ID cards, 4 specifications)
         Sentence:

SPCM: C C :

Retention Warning Counseling:

- 20020228 :      For CO’s NJP for VUCMJ Article 92 (Failure to obey a lawful general order - underage drinking)

- 20020820 :      For SCM for VUCMJ Articles 86 (Unauthorized absence), 108 (Wrongfully dispose of military property), and 134 (Wrongfully possessing false ID cards, 4 specifications).

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. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005, Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article s 86, 89, 91, 92, 108, and 128 .

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 he was wrongfully charged at CO’s NJP that led to his discharge.
2.       The Applicant requests a re-consideration of his discharge characterization of Under Other Than Honorable Conditions

Decision

Date : 20 1 1 0303             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. T he 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) warnings, for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Unauthorized absence , period not found in record ), Article 89 ( Disrespect toward a superior commissioned officer ), Article 91 ( Willful disobedience of a Petty Officer, 3 specifications ), Article 92 ( Failure to obey a lawful general order - underage drinking ), and Article 128 ( Assault consummated by a battery ) , and for of the UCMJ: Article 86 ( Unauthorized absence , period not found in record ) , Article 108 ( Wrongfully dispose of military property ), and Article 134 ( Wrongfully possessing false ID cards, 4 specifications) . Based on the offenses committed by the Applicant, 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 request an admin istrative board .

: (Decisional) ( ) The Applicant contends his discharge is inequitable , because he was wrongfully charged at CO’s NJP that led to his discharge . The record contained no evidence of any wrongdoing by the Applicant’s commanding o fficer or anyone else in the discharge process. The NDRB presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. The NDRB discerned no impropriety or inequity and determined the Applicant’s discharge was proper and equitable.

: (Decisional) ( ) . The Applicant requests a re-consideration of his discharge characterization of Under Other Than Honorable Conditions. The NDRB carefully examined the Applicant’s record and found his contention to be without merit. The Applicant engaged in numerous iterations of serious misconduct including violation of six Articles of the UCMJ that could have resulted in a punitive discharge (i.e., Bad Conduct) and confinement if adjudicated at special court-martial in his less than three years in the Navy . Relief denied.

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 .

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 | 2014_Navy | ND1400521

Original file (ND1400521.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks to improve his employment opportunities.2. ” 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...
NAVY | DRB | 2010_Navy | ND1000741

Original file (ND1000741.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. DEPARTMENT OF THE NAVYNAVAL...
USMC | DRB | 2009_Marine | MD0901573

Original file (MD0901573.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB determined the characterization of service received was warranted.Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, discharge process and evidence submitted by the Applicant, the Board found Therefore, the awarded characterization of service shall and the narrative...
USMC | DRB | 2011_Marine | MD1102132

Original file (MD1102132.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 remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are...
USMC | DRB | 2006_Marine | MD0600506

Original file (MD0600506.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Since then, I have had only one incident in my civilian life in the three years I have been discharged, and I completed the required probation for it.”Additional issues submitted by Applicant’s representative (American Legion): “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the...
NAVY | DRB | 2014_Navy | ND1401445

Original file (ND1401445.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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain MISCONDUCT. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received...
NAVY | DRB | 2013_Navy | ND1300383

Original file (ND1300383.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of ServicePrior Service: Inactive:USNR (DEP)20080424 - 20080629Active: Period of Service Under Review: Date of Current Enlistment: 20080630Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20101021Highest Rank/Rate:HNLength of Service:Year(s)Month(s) 22 Day(s)Education Level:AFQT: 35EvaluationMarks:Performance:3.0(4)Behavior:2.3(4)OTA: 2.79Awards and Decorations (per DD 214):Periods of...
USMC | DRB | 2010_Marine | MD1001389

Original file (MD1001389.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 . ” 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...
USMC | DRB | 2015_Marine | MD1500426

Original file (MD1500426.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), Article 92 (Failure to obey order or regulation; 2 specifications), and Article 107 (False official statements); and for of the UCMJ: Article 86 (Absence without leave; 3 specifications), Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 2 specifications), Article 92 (Failure to obey...
USMC | DRB | 2010_Marine | MD1001743

Original file (MD1001743.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...

Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1000755

Similar Decisions