Upgrade.Vet

NAVY | DRB | 2010_Navy | ND1001569

Original file (ND1001569.rtf) Auto-classification: Denied

ex-OSSA, USN

Current Discharge and Applicant’s Request

Application Received: 20100611

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)        19981112 - 19990825     Active: USN      19990826 - 20030814

Period of Service Under Review:
Date of Current Enlistment: 20030815     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20041018      Highest Rank/Rate: OS3
Length of Service : Y ear ( s ) M onth ( s ) 04 D a y ( s )
Education Level:        AFQT: 32
Evaluation M arks:         Performance: NFIR         Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214): (2)

NJP:
- 20040205 :       Article (Failure to obey lawful General Order or Regulation ), 20030126 - 20030710
         Awarded : RIR(to E-3) FOP Susp ended: RESTR EPD (suspend 6 months)
         * Suspension v acate d 20040226

- 200402 27 :       Article ( A bsence without leave , IHCA and UA ) , 20040210 - 20040226 (27 days)
         Awarded: Suspended: (suspend 6 months)

- 20040930 :       Article (Wrongful use of controlled substance , marijuana 20 ng/ml), o /o 20040907
         Awarded : RESTR EPD (to E-2) Susp ended:

SCM:     SPCM:

C C :
- 20040 514 :       Offense: Arrested 20041202 for no operator ’s license
         Sentence : Fined $54 plus $64 court cost.

Retention Warning Counseling :
- 20040227 :       For violation of UCMJ Article 86 .
- 2 0040205 :       For violation of UCMJ Article 92 .
- 20040609 :       For civil conviction .

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), re-issued October 2002, effective 22 August 2002 until 28 April 2005, 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 seeks discharge upgrade and RE -code change to re-enlist in the U.S. Armed Forces.

Decision

Date: 20 1 1 08 18 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 g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant did not identif y any decisional issues for the Board ’s consideration . 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 NAVPERS 1070/613 (Page 13) retention warnings (5 Feb 2004, 27 Feb 2004, 9 Jun 2004) and for o f the Uniform Code of Military Justice (UCMJ): Article ( Unauthorized absence , 10-20 Feb 2004 while in hands of civilian authorities in Norfolk City jail, and 20-27 Feb 2004 remained absent from place of duty after release from jail ), Article ( Failure to obey an order or regulation, 26 Jan-10 Jul 2003, Navy Regulations Article 1166 ), and Article ( Wrongful use, possession, etc of a controlled substance, o/o 7 Sep 2004, marijuana 20 ng/ml as evidenced by NAVDRUGLAB msg 201924Z Sep 04 ) . There was no evidence of trial by courts-martial. The Applicant a pre-service drug waiver prior to entering the Navy. Based on the Article 112a violation, processing for administ rative separation is mandatory per the Naval Military Personnel Manual . When notified of administrative separation processing using the procedure on 30 Sep 2004 , the Applicant rights to consult with a qualified coun sel, submit a written statement , and request an administrative separation board . The Applicant was separated from t he Navy on 18 Oct 2004 with an Under Other Than Honorable Conditions discharge due to Misconduct (Drug Abuse).

: (Nondecisional) The Applicant seeks a discharge upgrade and RE -code change to re-enlist in the U.S. Armed Forces . 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 B oard for Correction of Naval Records c an 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.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries and the administrative separation 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

USMC | DRB | 2013_Marine | MD1301101

Original file (MD1301101.pdf) Auto-classification: Denied

MDD13-01101 DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT APPLICANT’S ISSUES 1. The Applicant was convicted at a Special Court-Martial and was separated from the Marine Corps with a Bad Conduct Discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2011_Navy | ND1101850

Original file (ND1101850.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20040226 - 20041121Active: Period of Service Under Review: Date of Current Enlistment: 20041122Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20081202Highest Rank/Rate:EN3Length of Service:Years Months11 DaysEducation Level:AFQT: 53EvaluationMarks:Performance:3.8(4)Behavior:3.3(4)OTA: 3.44Awards and Decorations (per DD 214):NMCAM NAVY “ E”...
NAVY | DRB | 2009_Navy | ND0902160

Original file (ND0902160.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.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...
NAVY | DRB | 2008_Navy | ND0801678

Original file (ND0801678.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall IN LIEU OF TRIAL BY COURT-MARTIAL.Discussion :The Applicant contends at the time of his discharge he was informed he would get an “Under Other Than Honorable ” and it would be upgraded to “Honorable ” automatically after six months. 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...
NAVY | DRB | 2010_Navy | ND1000531

Original file (ND1000531.rtf) Auto-classification: Denied

A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and administrative discharge process, the Board found Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain ALCOHOL REHABILITATION FAILURE.The Applicant...
NAVY | DRB | 2011_Navy | ND1100122

Original file (ND1100122.rtf) Auto-classification: Denied

: (Nondecisional) The Applicant seeks an upgrade for educational benefits.The U.S. Department of Veterans Affairs determines eligibility for post-service benefits, not the Naval Discharge Review Board. ” 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...
NAVY | DRB | 2010_Navy | ND1001062

Original file (ND1001062.rtf) Auto-classification: Denied

Relief denied.Summary: In reviewing the Applicant’s records, the Board noted that specific documentation and evidence was missing from the records to support the basis of discharge, Pattern of Misconduct. Since the Applicant could have been separated for Commission of a Serious Offense (violation of Article 92) and due to the fact the NDRB did not have the administrative separation package documentation available to determine what separation basis notification(s) were provided to the...
NAVY | DRB | 2008_Navy | ND0801894

Original file (ND0801894.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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Related to Post-Service Period (cont): Other Documentation: - Letter from alleged victim asking for the Applicant...
NAVY | DRB | 2011_Navy | ND1100095

Original file (ND1100095.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.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain...
NAVY | DRB | 2011_Navy | ND1100349

Original file (ND1100349.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. Relief denied.Summary: After...

Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1001569

Similar Decisions