Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101231

Original file (ND1101231.rtf) Auto-classification: Denied

ex-SA, USN

Current Discharge and Applicant’s Request

Application Received: 20110413

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)        20080731 - 20080824     Active:

Period of Service Under Review:
Date of Current Enlistment: 20080825     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20100614      Highest Rank/Rate: SN
Length of Service : Y ear ( s ) M onth ( s ) 20 D a y ( s )
Education Level:        AFQT: 50
Evaluation M arks:         Performance: 3.2 ( 4 )      Behavior: 2.2 ( 4 )        OTA: 2.83

Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

NJP:

- 20100415 :      Article (Failure to obey order or regulation, 2 specifications )
         Specification 1: Wrongfully driving onboard Naval Base San Diego, California without valid vehicle registration documents on 20100125
         Specification 2: Wrongfully driving onboard Naval Base San Diego, California without valid proof of insurance on 20100125
         Art icle (False official statement)
         Art icle (Wrongful use, possession etc, of controlled substance, 3 specifications )
         Specification 1: On or about 20100125, wrongfully possess some amount of marijuana, a Schedule I controlled substance
         Specification 2: On or about 20100125, wrongfully use marijuana, a Schedule I controlled substance
         Specification 3: On or about 20100125, wrongfully introduce some amount of marijuana, a Schedule I controlled substance , onto an installation used by the A rmed Forces or under control of the A rmed F orces, to wit: Naval Base San Diego, California
         Awarded: Suspended:

SCM:     SPCM:    C C :      Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ GENERAL (UNDER HONORABLE CONDITIONS ) ”

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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective 10 November 2009 until Present, 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. The Applicant did not identify any issues to the NDRB .

Decision

Date : 2012 0313 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 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 . T he Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure the pertinent standards of equity and propriety were met. The Applicant’s record of service included for o f the Uniform Code of Military Justice (UCMJ): Article ( Failure to obey an order or regulation, , wrongfully driving onboard Naval Base San Diego, California without a valid vehicle registration; wrongfully driving onboard Naval Base San Diego, California without valid proof of insurance ), Article ( False official statement , , o/a 25 January 2010 made a false official statement to a Criminal Investigation Division investigator with the intent to deceive ), and Article (Wrongful use, possession of a controlled substance, , o/a 25 January 2010 wrongful possession of marijuana; o/a 25 January 2010 wrongful use of marijuana , 30 ng/ml supported by Naval Message R 041400Z AUG 10 ; and o/a 25 January 2010 wrongful introduction of marijuana onto an installation under control of the A rmed F orces ). 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 . Based on the Article 112a violation, processing for administrative separation is mandatory. When notified of administrative separation processing using the procedure, the Applicant rights to consult with a qualified counsel, submit a written statement, and request an administrative board.

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 N aval S ervice. The NDRB does not issue automatic upgrades.

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, 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 | 2004_Navy | ND04-00609

Original file (ND04-00609.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Identify an AA home group within 30 days of completing treatment. I recommend he be separated Under Other Than Honorable Conditions.”020808: Commander, Cruiser-Destroyer Group FIVE authorize the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.
USMC | DRB | 2012_Marine | MD1201292

Original file (MD1201292.rtf) Auto-classification: Denied

Clemency 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 .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...
NAVY | DRB | 2005_Navy | ND0500534

Original file (ND0500534.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D, to include a review of his in-service...
NAVY | DRB | 2006_Navy | ND0600343

Original file (ND0600343.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex-CS1, USNDocket No. Typed version does not reflect suspended separation for 6 months.040910: Letter of Applicant deficiencies submitted from Applicant counsel.040916: Commanding Officer, USS RUSHMORE (LSD 47), recommended discharge with a general (under honorable conditions) by reason of misconduct - commission of a serious offense and Family Advocacy Program Failure. ...
USMC | DRB | 2011_Marine | MD1100577

Original file (MD1100577.rtf) Auto-classification: Denied

The Applicant’s service record contains a complete copy of the administrative discharge package, which was reviewed to ensure the Applicant was afforded all rights as provided in the Marine Corps Separation and Retirement Manual (MARCORSEPMAN).The Applicant was notified - in writing - of the Command’s intent to process the Applicant for administrative separation for Misconduct (Drug Abuse) in accordance with paragraph 6210.5 of the MARCORSEPMAN. He further directed that, upon his discharge,...
USMC | DRB | 2003_Marine | MD03-01492

Original file (MD03-01492.rtf) Auto-classification: Denied

In addition the National Guard and his civilian employers speak very highly of his character.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s ltr to the Board, dtd 030804.Discharge Record of W Jr., R T., dtd 900928.Waiver to enter the California Army National Guard, dtd 971113.State of California Certificate of Death ico the Applicant’s Father, dtd 870322, 1730.Applicant’s Army/ARNG DD Form 214. ...
NAVY | DRB | 2002_Navy | ND02-00725

Original file (ND02-00725.rtf) Auto-classification: Denied

Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's Personal Letter to the Board dtd Feb 13, 2002 (3 pages) Letter of Commendation from CO, USS GERMANTOWN, dtd Oct 9, 1989 Letter of Commendation from CO, USS GERMANTOWN, dtd 18 Nov 89 Applicant's Enlisted Performance Evaluation Reports (7) Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...
NAVY | DRB | 2004_Navy | ND04-00592

Original file (ND04-00592.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20041001. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.
USMC | DRB | 2012_Marine | MD1200061

Original file (MD1200061.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2011_Marine | MD1100557

Original file (MD1100557.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20070618 - 20070826Active: Period of Service Under Review: Date of Current Enlistment: 20070827Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20100225Highest Rank:Length of Service: Year(s)Month(s)29 Day(s)Education Level: AFQT:54MOS: 0621Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101231

Similar Decisions