Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1001449
Original file (ND1001449.rtf) Auto-classification: Denied

ex-OSSN, USN
Current Discharge and Applicant’s Request
Application Received: 20100216
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3630600 [COMMISSION OF A SERIOUS OFFENSE]

 Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:      

Summary of Service

Prior Service:
 Inactive:         US N R (DEP)        19840522 - 19841229     Active:   19870223 - 19930220 HON
Inactive USNR (DEP) 19861204 - 19870222

Period of Service Under Review:
 Date of Current Enlistment: 19930221     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19950329      Highest Rank/Rate: OS2
Length of Service : Y ear ( s ) M onth ( s ) 08 D a y ( s )
Education Level:        AFQT: 40
Evaluation M arks:         Performance: 3.4 ( 3 )      Behavior: 3.4 ( 3 )        OTA: 3.73

Awards and Decorations ( per DD 214):      Rifle Pistol (w/1 bronze star)

Periods of UA /C ONF :

NJP :

- 19941122 :      Article 116 (Breach of peace)
         Article (Drunkenness disorderly conduct)
         Awarded: Suspended:

S CM :

SPCM:

C C :

- 19931115 :      Offenses: DUI
         Sentence: $ 1100. 00 fine , 5 years probation, complete prevention course, and driver’s license restricted for 90 days.

- 19950104 :       Offense s : Interfering with the operation of a bus and Assault consummated by a battery
         Sentence : $645.00 fine

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 870223 UNTIL 930220 ”
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:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 until 2 October 1996, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 111 and 128 .



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

Applicant’s Issues

 1.       The Applicant contends his characterization of service does not accurately reflect the quality of his service.
2.       The Applicant regrets his in-service misconduct and contends that it is inequitable for him to continue to suffer the adverse effects of his Under Other Than Honorable Conditions characterization of service.
3. The Applicant requested the NDRB consider post service conduct as a basis to gain a more thorough understanding of performance and conduct during the period of service under review.

Decision

Date: 2011 0615             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 for o f the Uniform Code of Military Justice (UCMJ): Article 116 ( Breach of peace , ) and Article ( General Article, D runk and disorderly conduct , ). The Applicant had two civil convictions for Driving Under the Influence of alcohol on 15 Nov 1993 and i nterfering with the operation of a bus and assault consummated by battery on 4 Jan 1995. The Applicant a pre-service drug waiver for using marijuana prior to entering the Navy. 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 and request an administrative board . The Applicant exercised his right to submit a written statement .

: (Decisional) ( ) . The Applicant contends his characterization of service does not accurately reflect the quality of his service. The NDRB carefully considered the Applicant’s testimony, service record, and documentation submitted by the Applicant. The record showed the Applicant’s service was outstanding prior to his misconduct. It was clear to the NDRB that all of the Applicant’s misconduct was related to his alcoholism. The Applicant completed both L evel I and L evel III alcohol rehabilitation while in the Navy. The record reflects the Applicant was returned to a high - stress deployment billet immed iately following completion of L evel III rehabilitation due to high operational tempo and a shortage of experi enced personnel. This assignment was against the desires of the Applicant and the command’s D rug and A lcohol P rogram A dministrator , who believed the Applicant needed to focus on his after-care program and continued recovery. The NDRB found this to be an extremely challenging situation for the Applicant. He eventually became intoxicated while in a liberty status in Hong Kong and had another alcohol - related incident . This incident was high profile since it involved a foreign national and ultimately led to his separation. The record showed the Applicant’s command recommended he receive a General (Under Honorable Conditions) characterization of service and notified him of separation for A lcohol R ehabilitation F ailure, C ommission of a S erious O ffense, and C ivil C onviction as narrative reasons for separation. The Applicant was assigned C ommission of a S erious O ffense as the primary narrative reason for separation. After carefully considering all evidence in the record, the Applicant’s testimony, and documentation and evidence submitted by the Applicant, the NDRB determined the most appropriate narrative reason for separation was A lcohol R ehabilitation F ailure. Additionally, the NDRB determined a General (Under Honorable Conditions) characterization, as recommended by his chain of command, would have been more appropriate at the time he was separated. As discussed below in I ssue s 2 and 3 , the NDRB determined the Applicant’s misconduct was an abe rration and not indicative of his overall character. In light of the Applicant’s quality of service, careful consideration of his testimony and documentation provided, the characterization of service will be changed to Honorable, and the narrative reason for separation will change to A lcohol R ehabilitation F ailure.




: (Decisional) ( ) . The Applicant requested the NDRB consider post - service conduct as a basis to gain a more thorough understanding of performance and conduct during the period of service under review. Additionally, t he Applicant regrets his in-service misconduct and contends that it is inequitable for him to continue to suffer the adverse effects of his Under Other Than Honorable Conditions characterization of service. The Applicant provided considerable documentation for the NDRB’s consideration in support o f a post-service conduct review including: e vidence of a steady employment record, marriage and personal stability, home ownership, financial records, credible testimony regarding involvement with Alcoholics Anonymous, college transcripts, letters of reference, and proof of volunteer service to the community. The NDRB carefully considered the Applicant’s testimony and post-service documentation and found the Applicant’s post-service efforts and conduct to be noteworthy. The NDRB determined the Applicant has successfully controlled his alcoholism , which greatly contributed to his misconduct and separation from the Navy. The NDRB found the Applicant’s misconduct of record was an aberration and not indicative of his overall character. Therefore, the Applicant’s characterization will change to Honorable. As discussed in I ssue 1 above, the Applicant’s narrative reason for separation will change to A lcohol R ehabilitation F ailure.

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 change to .


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 | 2010_Navy | ND1001049

    Original file (ND1001049.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks an upgrade to obtain veterans benefits.2. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant...

  • NAVY | DRB | 2012_Navy | ND1200690

    Original file (ND1200690.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 | 2011_Navy | ND1101851

    Original file (ND1101851.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks a discharge upgrade to reenlist in the U.S. Armed Forces.2. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of conduct expected of all Sailors, especially considering his grade, experience and total length of service, and falls short of what is...

  • USMC | DRB | 2010_Marine | MD1000545

    Original file (MD1000545.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on documentation found in the Applicant’s medical records, the NDRB determined the Applicant met the criteria for separation as an “Alcohol Rehabilitation Failure” and was processed for administrative separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...

  • NAVY | DRB | 2011_Navy | ND1101585

    Original file (ND1101585.rtf) Auto-classification: Denied

    Also, per Navy Military Personnel Manual, (NAVPERS 15560C), Change 23, 15 May 2008 until 22 November 2009, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE, the characterization of service should be General.The Applicant did not provide any evidence to prove otherwise or to rebut the Government’s presumption of regularity. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...

  • USMC | DRB | 2013_Marine | MD1301143

    Original file (MD1301143.rtf) Auto-classification: Denied

    The Applicant’s service record does not contain any information relating to a separation for medical reasons. The characterization of service received was appropriate considering the length of service and alcohol rehabilitation failure. ” 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.

  • NAVY | DRB | 2008_Navy | ND0801139

    Original file (ND0801139.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain MISCONDUCT - . ” Additional Reviews : After a document review has been conducted,...

  • NAVY | DRB | 2011_Navy | ND1101882

    Original file (ND1101882.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. ” Additional Reviews : After...

  • NAVY | DRB | 2010_Navy | ND1002182

    Original file (ND1002182.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. Additionally, the NDRB has...

  • NAVY | DRB | 2013_Navy | ND1300991

    Original file (ND1300991.rtf) Auto-classification: Denied

    The Applicant contends he had far less misconduct than the Washington Navy Yard Shooter, who received an Honorable discharge.The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. 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...