Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1100029
Original file (ND1100029.rtf) Auto-classification: Denied

ex-ASAR, USN
Current Discharge and Applicant’s Request
Application Received: 20101005
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 MCR (DEP) 19960808 -19970807 ELS       Active:  
         USNR (DEP)       19971023 - 19971208

Period of Service Under Review:
 Date of Current Enlistment: 19971209     Age at Enlistment: 18
Period of E nlistment : Years Extension
Date of Discharge: 20001221      Highest Rank/Rate: ASAN
Length of Service : Y ear s M onth s 12 D a ys
Education Level:        AFQT: 61
Evaluation M arks:         Performance: 2.5 ( 2 )      Behavior: 1.5 ( 2 )        OTA: 2.42

Awards and Decorations ( per DD 214):      NONE

Periods of UA : 20000114 - 20000114 ( 1 day ), 20001118 - 20001120 ( 3 days )

Period of CONF: UNABLE TO DETERMINE
NJP : 2

- 19990419 :      Article 86 (Absence without leave, UA , 2 specifications )
         Specification 1: 19990212 - 19990213, 1 day
         Specification 2: 19990213 - 19990313, 29 days
         Awarded: FOP RESTR EPD Suspended:

- 19991126 :      Article 86 (Absence without leave, UA, 19991118 - 19991120, 2 days)
         Article 90 (Willfully disobeying a superior commissioned officer, failure to sign out on the liberty log on 19991118)
         Awarded: RIR FOP RESTR EPD Suspended:

S CM : NONE        CC: NONE
SPCM: 1

- 20000825 :      Article 86 (Absence without leave, UA, 20000602 - 20000805 , 6 5 days)
         Article 87 (Missing movement)
          Sentence: RIR FOP CONF 65 days

Retention Warning Counseling: 1

- 19991202 :      For unauthorized absence and disobeying a lawful order


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 22, effective 15 December 1998 until 21 August 2002, Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.
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 seeks an upgrade for employment opportunities.
2.       The Applicant contends his post-service conduct, as evidenced by his service in the Army National Guard, warrants an upgrade to Honorable .
Decision

Date: 20 1 2 0119             Location: Washington D.C .        R epresentation : NONE

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’s record of service included one NAVPERS 1070/613 (Page 13) warning and two non - judicial punishments for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, 3 specifications ) and Article 90 (Willfully disobeying a superior commissioned officer, 1 specification). It also included one special court-martial for violations of the UCMJ: Article 86 (Absence without leave, 1 specification) and Article 87 (Missing movement , 1 specification ). Based on the offense s committed by the Applicant, his command administratively processed him for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether the Applicant waived his rights to consult with a qualified counsel , submit a written statement , and request an administrative board .

: (Non - decisional) The Applicant seeks an upgrade for employment opportunities in state or federal government . The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.
: (Decisional) ( ) . The Applicant contends his post-service conduct, as evidenced by his service in the Army National Guard where he participated in various exercises and operations and received a number of awards, warrants an upgrade 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 may be upgraded based solely on good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to exist during the period of enlistment in question. The documentation the Applicant submitted along with the DD Form 293 was not sufficient to warrant an upgrade. While his post-service conduct in the Army National Guard and service in Iraq is commendable, his significant and repetitive misconduct while in the Navy warrants the Under Other Than Honorable Conditions discharge. 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 . T he 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 for additional information.


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 | 2008_Navy | ND0800667

    Original file (ND0800667.rtf) Auto-classification: Denied

    From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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 conduct mitigates the reason for the characterization of discharge. ” Additional...

  • NAVY | DRB | 2013_Navy | ND1301197

    Original file (ND1301197.pdf) Auto-classification: Denied

    ND13-01197 a - ex-EM3, USN CURRENT DISCHARGE AND APPLICANT’S REQUEST Application Received: 20130524 Characterization of Service Received: (per DD 214) UNDER OTHER THAN HONORABLE CONDITIONS Narrative Reason for Discharge: (per DD 214) MISCONDUCT Authority for Discharge: (per DD 214) MILPERSMAN 1910-146 [DRUG ABUSE] Applicant’s Request: Characterization change to: GENERAL (UNDER HONORABLE CONDITIONS) Narrative Reason change to: NONE REQUESTED SUMMARY OF SERVICE Prior Service: a Inactive: USNR...

  • NAVY | DRB | 2010_Navy | ND1002053

    Original file (ND1002053.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. There is no requirement, or law, that grants re-characterization of a discharge solely on the issues of receiving veterans benefits and enhancing employment opportunities, and these issues do not serve to provide a foundation upon which the Board can grant relief. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • NAVY | DRB | 2008_Navy | ND0801967

    Original file (ND0801967.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.Youth and immaturity and personal problems mitigated to his misconduct 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. Regulations limit the NDRB’s review to a determination of the propriety...

  • USMC | DRB | 2007_Marine | MD0701001

    Original file (MD0701001.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Court-Martial proceedings, Discharge Process and evidence submitted by the Applicant, the Board found that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offensesthat he committed. 71-01Applicant Discharged: 20040421 Types of Documents Submitted by Applicant and Considered By BoardRelated to...

  • NAVY | DRB | 2011_Navy | ND1102077

    Original file (ND1102077.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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • USMC | DRB | 2007_Marine | MD0700909

    Original file (MD0700909.rtf) Auto-classification: Denied

    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) 19991118 - 19991128 Period of Service Under Review: Date of Enlistment: 19991129 Years Contracted: 4; Extension: Date of Discharge: 20020607Length of Service: 02 Yrs 06 Mths08 DysLost Time:Days UA: Days Confined: Education...

  • USMC | DRB | 2008_Marine | MD0801849

    Original file (MD0801849.rtf) Auto-classification: Denied

    The Applicant provided no documentation for the Board to consider during its review. ” 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 authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2008_Navy | ND0801538

    Original file (ND0801538.rtf) Auto-classification: Denied

    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 conduct mitigates the reason for the characterization of discharge.Although the Applicant states he has matured and changed, he did notprovide a personal statement, supporting documentation of post service accomplishments or character witness statements to support his request...

  • NAVY | DRB | 2011_Navy | ND1100904

    Original file (ND1100904.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 .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 eligible for a...