Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101055

Original file (ND1101055.rtf) Auto-classification: Denied

ex-FA, USN

Current Discharge and Applicant’s Request

Application Received: 20110321

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)        20080828 - 20080921     Active:

Period of Service Under Review:
Date of Current Enlistment: 20080922     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20081020      Highest Rank/Rate: FA
Length of Service: Y ear s M onth s 29 D ays
Education Level: 12      AFQT: 40
Evaluation M arks:         Performance: NONE         Behavior: NONE          OTA: NONE

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP : NONE S CM : NONE SPCM: NONE C C : NONE Retention Warning Counseling: NONE

Administrative Corrections to the Applicant’s DD 214

The NDRB note d an administrative error on the original DD Form 214:

         “ FRAUDULENT ENTRY ”

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 22, effective 16 May 2008 until 9 November 2009, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 a change in his RE Code from RE4 to RE1 so he can reenlist in the Navy.
2.       The Applicant provided documentation and a statement regarding his post-service conduct, character, and achievements.

Decision

Date: 20 1 2 0426             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 no NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. The Applicant was administratively processed for separation by his command for Fraudulent Entry. According to the Applicant , he intentionally took actions that would lead to his discharge so he could go home to attend the funerals of relatives. 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 and s ubmit a written statement . The Applicant was not entitled to an administrative board.

: (Non - decisional) The Applicant seeks a change in his RE Code from RE4 to RE1 so he can reenlist in the Navy . Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, it is not authorized to change an RE code. 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. Only the Board for Correction of Naval Records can make changes to RE codes.

: (Decisional) ( ) . The Applicant provided documentation and a statement regarding his post-service conduct, character, and achievements. The NDRB considers 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. However, in this case, the Applicant was in an entry-level status (within the first 180 days of enlistment). Regulations direct that the Character of Service for members notified of intended recommendation for discharge while in an entry-level status be Uncharacterized except in circumstances where service has been so meritorious that an Honorable is clearly warranted. In cases of misconduct, a less favorable characterization of service, such as General (Under Honorable Conditions), may be assigned following different separation procedures. The Applicant’s record showed no meritorious service that would warrant an Honorable characterization of service, and no misconduct that would warrant a General (Under Honorable Conditions). The NDRB determined that changing the characterization of service would be against regulati ons. 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 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 | 2004 Marine | MD04-01350

Original file (MD04-01350.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-Pvt, USMC Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an...
NAVY | DRB | 2013_Navy | ND1300150

Original file (ND1300150.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...
NAVY | DRB | 2003_Navy | ND03-00447

Original file (ND03-00447.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AMHAR, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720 Kennon Street SE Rm...
NAVY | DRB | 2005_Navy | ND0500802

Original file (ND0500802.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “GOOD CONDUCT.” The Applicant requests a documentary record discharge review. I am by this requesting that (1) My Re-entry code be upgrade from “RE4 to RE1.” (2) Please change the narrative reason for separation from a “pattern of misconduct” to good Conduct. 040120: Commanding Officer, Fleet Air Reconnaissance...
NAVY | DRB | 2001_Navy | ND01-00794

Original file (ND01-00794.rtf) Auto-classification: Denied

ND01-00794 Applicant’s Request The application for discharge review, received 010524, requested that the reason for the discharge be changed to either change Personality Disorder or be compensated & RE4 to RE1. In order to clear PCSA (applicant) from the transient pipeline, he was separated from the Naval Service with an Honorable Discharge by reason of convenience of the government due to personality disorder. After a thorough review of the records, supporting documents, facts, and...
NAVY | DRB | 2011_Navy | ND1101755

Original file (ND1101755.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change to his narrative reason for separation in order to re-enlist in the National Guard.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 does not...
NAVY | DRB | 2011_Navy | ND1101709

Original file (ND1101709.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:RE4/JPD Summary of Service Prior Service: Inactive:USNR (DEP)19941021 - 19950501Active:USNR (DEP)19950509 - 19951204 Period of Service Under Review: Date of Current Enlistment: 19951205Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:19981231Highest Rank/Rate:AO3Length of Service:Year(s)Month(s) 27 Day(s)Education Level:AFQT: 67EvaluationMarks:Performance:4.0(1)Behavior:1.0(1)OTA: 3.43Awards and...
NAVY | DRB | 2010_Navy | ND1000538

Original file (ND1000538.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20051013 - 20060619Active: Period of Service Under Review: Date of Current Enlistment: 20060620Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20060922Highest Rank/Rate: SALength of Service: Years Months03 DaysEducation Level:AFQT: 57EvaluationMarks:Performance:NONE Behavior:NONEOTA: NONEAwards and Decorations (per DD 214):Periods of...
NAVY | DRB | 2010_Navy | ND1002288

Original file (ND1002288.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
NAVY | DRB | 2011_Navy | ND1101367

Original file (ND1101367.rtf) Auto-classification: Denied

Representation: 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101055

Similar Decisions