Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101368

Original file (ND1101368.rtf) Auto-classification: Denied

ex-AZAR, USN

Current Discharge and Applicant’s Request

Application Received: 20110506

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)        20060626 - 20070705     Active:

Period of Service Under Review:
Date of Current Enlistment: 20070706     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20091202      Highest Rank/Rate: AZAA
Length of Service: Y ear s M onth s 27 D a ys
Education Level:        AFQT: 38
Evaluation M arks:         Performance: 3.4 ( 5 )      Behavior: 1.6 ( 5 )        OTA: 2.90

Awards and Decorations ( per DD 214):      Pistol MM NDSM GWOTSM

Periods of UA /C ONF :

NJP : 3

- 20071115 :      Article 92 (Failure to obey order or regulation , 2 specifications )
         Article 134 (General Article, disorderly conduct, drunkenness )
         Awarded: FOP RESTR EPD Suspended:

- 20081219:      Article 134 (General A rticle, underage drinking)
         Awarded: RIR (to E-1) FOP RESTR Suspended: RESTR (suspend 6 months)

- 20091123 :      Article 121 (Larceny and wrongful appropriation)
         Article 134 (General A rticle, disorderly conduct, drunkenness)
         Awarded : FOP Susp ended:

S CM : NONE                SPCM: NONE        CC: NONE

CIVIL ARREST: 1

- 20090806 :       Offense: Underage drinking, drunk in public .

Retention Warning Counseling : 2

- 20071115 :       For failure to obey order or regulation on two occasions and drunk and disorderly .

- 20081219:      For violation of UCMJ Article 134 - General Article, Underage drinking.

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 29, effective 10 November 2009 until Present, 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. Applicant contends his youth and immaturity contribut ed to the misconduct for which he was separated .

Decision

Date: 20 1 2 07 12 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 one NAVPERS 1070/613 (Page 13) retention warning , three nonjudicial punishment s (N J Ps) for violations of the Uniform Code of Military Justice (UCMJ): Article 92 (Failure to obey an order or regulation , two specifications) , Article 121 (Larceny and wrongful appropriation , stole a digital camera from a Petty Officer Third Class, valued at $250, 7 November 2009) , and Article 134 (General A rticle, 3 specifications : Drunk and disorderly conduct, November 2007 and November 2008; underage drinking, 12 December 2008 ) . The record also reflected one C ivil Arrest for underage drinking and being drunk in public. Based on the offenses committed by the Applicant, his command administratively processed him for separation per the Naval Military Personnel Manual . When notified of administrative separation processing using the notification procedure on 23 November 2009 , the Applicant waived his rights to consult with a qualified counsel , submit a written statement , and request a General Court Martial Convening Authority review. The Applicant was not entitled to an administrative separation board. The Applicant was separated from the Navy on 2 December 2009 with a General (Under Honorable Conditions) discharge due to Pattern of Misconduct.

: (Decisional) ( ) . The Applicant contends his youth and immaturity contributed to the misconduct for which he was separated. While he may feel this was the underlying cause of his misconduct, the record clearly reflects his misconduct was willful and demonstrated he was unfit for further service. The NDRB determined that the Applicant ’ s youth or age was not a mitigating factor in his misconduct. The NDRB recognizes that serving in the U.S. Navy is challenging. However, all members of the Naval Services are expected to uphold the high standards of conduct as evidenced in our Core Values of Honor, Courage, and Commitment, regardless of the environment or mission in which assigned. When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under H onorable conditions. A General (Under Honorable Conditions) discharge is warranted when a Sailor’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant failed to meet the requirements of conduct expected of all Sailors, regardless of his grade or length of service , and falls short of what is required for an upgrade to H onorable. 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 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 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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 | 2010_Marine | MD1000729

Original file (MD1000729.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. Paragraph 6210,...
USMC | DRB | 2010_Marine | MD1001596

Original file (MD1001596.rtf) Auto-classification: Denied

Relief 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...
NAVY | DRB | 2011_Navy | ND1101216

Original file (ND1101216.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade to qualify for the G.I. Relief 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...
USMC | DRB | 2007_Marine | MD0700827

Original file (MD0700827.rtf) Auto-classification: Denied

After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate in light of the nature and seriousness of the Applicant’s misconduct, and that the evidence of post-service conduct was not sufficient to convince the Board that an upgrade was appropriate at this time.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to...
NAVY | DRB | 2011_Navy | ND1100010

Original file (ND1100010.rtf) Auto-classification: Denied

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 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...
NAVY | DRB | 2010_Navy | ND1002294

Original file (ND1002294.rtf) Auto-classification: Denied

He could have provided documentation as specified in the Post-Service Conduct paragraph in the Addendum , however, 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. ” Additional Reviews : After a document review has been...
USMC | DRB | 2007_Marine | MD0701082

Original file (MD0701082.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) 20030108 - 20030120 Active: Period of Service Under Review: Date of Enlistment: 20030121Years Contracted:; Extension: Date of Discharge: 20060908Length of Service: Yrs Mths17 Dys Lost Time: Days UA: Days Confined: Education...
USMC | DRB | 2012_Marine | MD1201764

Original file (MD1201764.rtf) Auto-classification: Denied

Specifically lack of integrity by cheating on an assignment at Scout Sniper Basic Course which was cause for my being dropped from the school.- 20030711:For my alcohol-related incident, specifically, my over indulgence in alcohol and being drunk and disorderly.- 20041011: For my conviction at SPCM. 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...
NAVY | DRB | 2008_Navy | ND0801467

Original file (ND0801467.rtf) Auto-classification: Denied

Feels the military should train service members about the dangers of alcohol abuse. The Board determined his request for an upgrade was without merit.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you...
NAVY | DRB | 2007_Navy | ND0700365

Original file (ND0700365.rtf) Auto-classification: Denied

Awarded - FOP ($692.00) for (2 months); RIR (E-3); Restr for (30 days); Extra duties (30 days).20021107: Retention Warning for unauthorized absence, wrongfully consume alcoholic beverages as a minor, dereliction of duty, failure to obey a lawful order.20031207: NJP -- Viol UCMJ Art. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD. Board Membership: The names and votes of the members of the Board...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101368

Similar Decisions