Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101710

Original file (ND1101710.rtf) Auto-classification: Denied

ex-CM2, USN

Current Discharge and Applicant’s Request

Application Received: 20110712

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:       END OF OBLIGATED SERVICE OR ITS EQUIVALENT

Summary of Service

Prior Service:
Inactive:         NONE              Active:

Period of Service Under Review:
Date of Current Enlistment: 19971030     Age at Enlistment: 40
Period of E nlistment : Years 30 MONTHS Extension
Date of Discharge: 20071030      Highest Rank/Rate: CM2
Length of Service:
         Inactive:        Y ear s M onth s 20 D a ys
         Active   Y ear s M onth s 11 D a ys
Education Level:        AFQT: 57
Evaluation M arks:         Performance: 3.4 ( 8 )      Behavior: 3.3 ( 8 )        OTA: 3.30

Awards and Decorations ( per DD 214):      Rifle Pistol AFRM WITH “ M ” DEVICE NRMSM AAM

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    Retention Warning Counseling :

C C : 3
         2000:    Felony Burglary [Specifics NFIR] [Extracted from the Applicant’s Administrative Separation Package]
         2001:    Felony Burglary [Specifics NFIR] [Extracted from the Applicant’s Administrative Separation Package]
         2003:    Felony Burglary [Specifics NFIR] [Extracted from the Applicant’s Administrative Separation Package]

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 :

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. The Applicant contends his discharge was based on an isolated inc ident in 120 months of service.

Decision

Date : 20 1 2 0822 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 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 three civilian convictions for felony burglary. While awaiting administrative separation for Erroneous Enlistment, the Applicant submitted a false special liberty chit and flew to California where he threatened and harassed his estranged wife. 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, but waived his rights to submit a written statement and request an administrative board .

: (Decisional) ( ) . The Applicant contends his discharge was based on an isolated incident in 120 months of service. The Applicant was convicted in civilian courts of three counts of felony burglary prior to his last enlistment. W hile awaiting administrative separation for Erroneous Enlistment , the Applicant flew to California where he threatened and harassed his estranged wife , thus violating Uniform Code of Military Justice Articles 92 (Failure to obey an order or regulation), 107 (False official statement), and 128 (Assault) . Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the to maintain proper order and discipline. Violation of Articles 92, 107, and 128 are offenses that warrant processing for administrative separation regardless of grade, performance, or time in service. This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. However, his command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge. The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given ot hers in similar circumstances.

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 T herefore, 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.

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 26 April 2005 until 11 June 2008,
Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article s 92, 107, and 128.

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

NAVY | DRB | 2015_Navy | ND1500698

Original file (ND1500698.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 19911017 - 19920716 Active: 19920717 - 19961030 Period of Service Under Review: Date of Current Enlistment: 19961031 Age at Enlistment: Period of Enlistment: Years Extension Date of Discharge: 20000811 Highest Rank/Rate: RM3 Length of Service: Year(s) Month(s) 12 Day(s) Education Level: AFQT: 45 Evaluation Marks: Performance: NFIR Behavior: NFIR OTA: NFIR ...
NAVY | DRB | 2011_Navy | ND1100966

Original file (ND1100966.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20050930 - 20060416Active: Period of Service Under Review: Date of Current Enlistment: 20060417Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20080909Highest Rank/Rate: MMFNLength of Service: Years Months 23 DaysEducation Level:AFQT: 53EvaluationMarks:Performance:2.3(3)Behavior:2.3(3)OTA: 2.23Awards and Decorations (per DD 214):NAVY “ E”...
NAVY | DRB | 2009_Navy | ND0900309

Original file (ND0900309.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 accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicant DD Form 293 and personal letter, no documentation was provided for review. Should the Applicant obtain additional...
NAVY | DRB | 2015_Navy | ND1500300

Original file (ND1500300.rtf) Auto-classification: Denied

Characterization of Service Received: (per DD 214) UNDER OTHER THAN HONORABLE CONDITIONS Applicant’s Request: Characterization change to: HONORABLE OR GENERAL (UNDER HONORABLE CONDITIONS) Narrative Reason change to: NONE REQUESTED Summary of Service Prior Service: Inactive: USNR (DEP) 20080808 - 20080820 COG Active: NONE Period of Service Under Review: Date of Current Enlistment: 20080821 Age at Enlistment: 18 Period of Enlistment: 4 Years 12 MONTHS Extension Date of Discharge:...
NAVY | DRB | 2008_Navy | ND0801573

Original file (ND0801573.rtf) Auto-classification: Denied

An “Under Other Than Honorable” conditions discharge is appropriate when the basis for separation is commission or omission of an act that constitutes a significant departure from the conduct expected from a service member. The Board determined based on the lack of post service documentation provided and the circumstances surrounding enlistment that an upgrade would be inappropriate and the characterization of service received, “Under Other Than Honorable”, was an appropriate...
NAVY | DRB | 2008_Navy | ND0801856

Original file (ND0801856.rtf) Auto-classification: Denied

The Applicant has requested an upgrade in his discharge characterization to “General (Under Honorable Conditions)”. The NDRB determined the Applicant’s repeated serious misconduct were properly considered in determining the characterization of his service and the awarded discharge characterization was appropriate; an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence...
NAVY | DRB | 2008_Navy | ND0801237

Original file (ND0801237.rtf) Auto-classification: Denied

A “General (Under Honorable Conditions)” is appropriate if the member’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.Due to the significant negative aspects in the Applicants record of service, the Board determined thatthe medical evaluations were sufficient enough to only support an upgrade in the discharge characterization to “ General (Under Honorable...
NAVY | DRB | 2008_Navy | ND0801757

Original file (ND0801757.rtf) Auto-classification: Denied

The Board determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.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 raised, or does not otherwise comport...
NAVY | DRB | 2008_Navy | ND0800444

Original file (ND0800444.rtf) Auto-classification: Denied

Awarded - Susp - Retention Warnings:NFIR Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or 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 Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE...
NAVY | DRB | 2010_Navy | ND1000654

Original file (ND1000654.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks upgrade to reenlist in the U.S. Armed Forces. After careful review and consideration of the facts and circumstances surrounding the Applicant’s case, however, the Board found that relief was warranted on the basis of equity.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand administrative...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101710

Similar Decisions