Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1100877

Original file (ND1100877.rtf) Auto-classification: Denied

ex-EOCA, USN

Current Discharge and Applicant’s Request

Application Received: 20110216

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3630600 [PATTERN OF MISCONDUCT]

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

Summary of Service
Prior Service:
Inactive:         US N R (DEP)        19930119 - 19940 1 17     Active:

Period of Service Under Review:
Date of Current Enlistment: 19940118     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19971121      Highest Rank/Rate: EOCN
Length of Service: Y ear s M onth s 04 D a ys
Education Level:        AFQT: 35
Evaluation M arks:         Performance: 2.6 ( 5 )      Behavior: 1.6 ( 5 )        OTA: 2.47

Awards and Decorations ( per DD 214):      Rifle SS NDSM SSDR NATO MUC NAVY “E ”

Periods of C ONF :

NJP : 2

- 19950908:      Article 91 (Insubordinate conduct toward petty officer)
         Article 128 (Assault)
         Article 134 (Disorderly conduct)
         Awarded: RIR FOP RESTR EPD Suspended: NONE

- 19970724 :      Article 86 (Absence without leave, UA, 19970711)
         Article 117 ( Provoking speeches or gestures)
         Article 128 (Assault on an EO3, 19970714)
         Article 134 (Disorderly conduct, 19970714)
         Awarded: RIR FOP RESTR EPD Suspended:

S CM : NONE       SPCM: NONE        C C : NONE

Retention Warning Counseling : 2

- 19950908:      For disobeying orders from superiors and assaulting a shipmate

- 19970724 :       For absence without leave, provoking speeches or gestures, assault, and disorderly conduct

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative errors on the original DD Form 214:

         “ PATTERN OF MISCONDUCT ”

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:                  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), Change 14, effective 3 October 1996 until 11 December 1997, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A 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 believes his post-service conduct is worthy of consideration.

Decision

Date : 20 1 2 0 320 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 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. The Applicant’s record of service included two NAVPERS 1070/613 (Page 13) warnings and two nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, UA, 19970711) , Article 91 (Insubordinate conduct toward petty officer) , Article 117 (Provoking speeches or gestures) , Article 128 (Assault , 2 specifications ) , and Article 134 (Disorderly conduct , 2 specifications ) . Based on the offenses committed by the Applicant, his command administratively processed him for separation. When notified of administrative separation processing using the administrative board procedure, the Applicant exercised his right to consult with a qualified counsel and submit a written statement , but waived his right to r equest an administrative board .

: (Decisional) ( ) PARTIAL . 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. The Applicant submitted documentation substantiating service as a combat medic in the Army National Guard. This service included service in combat in Afghanistan where he earned the Combat Medic Badge. The Applicant also submitted performance evaluations from his National Guard service showing outstanding performance. The Applicant also submitted documentation showing steady employment, continued education and training pursuits as an emergency medical technician, and VA documents showing he is 30% disabled due to combat - related P ost- T raumatic S tress D isorder and 10% for back pain. The NDRB found the Applicant’s post-service conduct to be noteworthy and commendable , showing his misconduct while in the Navy to be an aberration and not indicative of his overall character. However, t he NDRB determined an upgrade to Honorable, as requested by the Applicant, would be inappropriate due to the serious nature of his misconduct while in the Navy. Therefore, the characterization of service will change to General (Under Honorable Conditions) with no change to the narrative reason for separation. Partial relief granted.

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 . 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 | 2013_Navy | ND1301593

Original file (ND1301593.rtf) Auto-classification: Denied

Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a 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 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...
NAVY | DRB | 2010_Navy | ND1000476

Original file (ND1000476.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...
NAVY | DRB | 2013_Navy | ND1300995

Original file (ND1300995.rtf) Auto-classification: Denied

Though his case did not warrant an expedited review in accordance with U.S. Code, Title X, Section 1553(d)(1), the NDRB included a Navy psychiatrist on the personal hearing board as a result of the MST PTSD.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. Relief denied.Summary: After a thorough review of the available evidence, to...
NAVY | DRB | 2009_Navy | ND0900151

Original file (ND0900151.rtf) Auto-classification: Denied

The Applicant has requested an upgrade in his discharge characterization to “Honorable”. The Board determined the Applicant’s conduct, which forms the primary basis for determining the character of his service, reflected a significant departure from the conduct expected of a service member and was not indicative of those receiving an “Honorable” discharge characterization. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing,...
NAVY | DRB | 2009_Navy | ND0900590

Original file (ND0900590.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues...
NAVY | DRB | 2010_Navy | ND1001893

Original file (ND1001893.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. Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.
NAVY | DRB | 2013_Navy | ND1300852

Original file (ND1300852.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/To Congress member: Pertinent Regulation/Law A. Relief denied.Summary:...
NAVY | DRB | 2006_Navy | ND0600985

Original file (ND0600985.rtf) Auto-classification: Denied

Violation of UCMJ Article 134 (2 specifications): Disorder conduct), notified of corrective actions and assistance available, and advised being processed.20020612: Applicant’s statement. Priopriety – Requested court martial and was discharged insteadNavy regulations provide that separation processing may be initiated when a service member has violated a retention warning and there is a documented series of at least three minor disciplinary infractions during the current enlistment. If a...
NAVY | DRB | 2014_Navy | ND1400323

Original file (ND1400323.rtf) Auto-classification: Denied

While some members may be less mature than others, the NDRB does not view a member’s claim of immaturity to be a mitigating factor or a sufficient reason for misconduct.Relief denied.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 narrative reason for separation shall remain .The Applicant remains eligible for a...
USMC | DRB | 2008_Marine | MD0801201

Original file (MD0801201.rtf) Auto-classification: Denied

Suspended: SCM: SPCM: CC: Retention Warning Counseling: - 19900504: For continued failure to be at section on time- 19900604: For not being at his appointed place of duty, barracks 574 working party on 19910521 - 1990109: For violation of UCMJ Article 91, disrespect to an NCO- 19920106: For continued misconduct and poor performance NDRB Documentary Review Conducted (date): 20000622 NDRB Documentary Review Docket Number: MD00-00091 NDRB Documentary Review Findings: NO CHANGE WARRANTED Types...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1100877

Similar Decisions