Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101797
Original file (ND1101797.rtf) Auto-classification: Denied

ex-AS3, USN
Current Discharge and Applicant’s Request
Application Received: 20110720
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)        20021127 - 20030715     Active:   20030716 - 20070705 HON
                                    USN 20070706 - 20100311 HON
Period of Service Under Review:
Date of Current Enlistment: 20100312     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20100916      Highest Rank/Rate: AS2
Length of Service: Y ear s M onth s 05 D a ys
Education Level:        AFQT: 56
Evaluation M arks:         Performance: 4.0 ( 1 )      Behavior: 4.0 ( 1 )        OTA: 4.14

Awards and Decorations ( per DD 214):      GCM (2) NDSM SSDR GWOTEM GWOTSM

Periods of UA /C ONF :

NJP : 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:

          Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ GOOD CONDUCT MEDAL (2), NATIONAL DEFENSE SERVICE MNEDAL, SEA SERVICE DEPLOYMENT RIBBON, GLOBAL WAR ON TERRORISM SERVICE MEDAL, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, LETTER OF COMMENDATION, EN L ISTED SURFACE WARFARE SPECIALIST, ENLISTED AVIATION WARFARE SPECIALIST ”
“ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 030716 UNTIL 100311 ”
                 
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 :        


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

Applicant’s Issues

 1.        The Applicant contends his administrative separation should have been waived.
2.       The Applicant contends his discharge was based on an isolated incident.
3.       The Applicant believes his honorable service outweighs his misconduct.
 4.       Post-service conduct.
Decision

Date : 20 1 2 0906             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 no NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in non-judicial punishment or court-martial during his most current enlistment . The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived his rights to consult with a qualified counsel, submit a written statement, and request an administrative board or a General Court-Martial Convening Authority review .

: (Decisional) ( ) . The Applicant contends his discharge was improper as his administrative separation should have been waived per OPNAVINST 5350.4D paragraph 6.l.(2) . This reference states that a written waiver must be obtained from Commander, Navy Personnel Command (COMNAVPERSCOM) to waive administrative separation for members involved in subsequent alcohol - related incidents after receiving alcohol treatment that resulted from a previous alcohol - related incident. There is no evidence in the record, nor has the Applicant produced any evidence, to support his contention that his administrative separation was waived by COMNAVPERSCOM . The Applicant also declares that the member would be waived from administrative separation if the member is senior enlisted (E5 and above), if 3 years have passed since the previous incident , and the CO evaluated the member as possessing exceptional potential for N aval service. The reference clearly states that commanding officers may deviate from the policy if the member is an officer or an enlisted member E 5 or above and providing 3 years has elapsed since the previous incident. The commanding officer has the discretion to request a waiver to retain the member based upon the member possessing exceptional potential for further useful N aval service. Even though the Applicant’s record reflects that he received awards and commendable evaluation mark s, there is no evidence in the Applicant’s record that his commanding offi cer requested a waiver for him to be retained. Relief denied.

: (Decisional) ( ) . The Applicant contends his discharge was based on an isolated incident. Despite a service member’s prior record of service, certain offenses warrant separation from the to maintain proper order and discipline. An alcohol-related incident after a servicemember has received alcohol rehabilitation treatment requires mandatory processing for separation. Per Navy Military Personnel Manual, (NAVPERS 15560C), Change 29, 23 November 2009 until Present, Article 1910-152, SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE OR MULTIPLE DRIVING UNDER THE INFLUENCE (DUI) / DRIVING WHILE INTOXICATED (DWIs) , characterization of service for separation under this article should be General (Under Honorable Conditions) unless Honorable is warranted . The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances. Relief denied.






: (Decisional) ( ) . The Applicant contends his excellent service warrants an Honorable . The Applicant was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. The characterization of service is determined by the quality of the member’s total performance of duty and conduct during the current enlistment, including the reason for separation. Other considerations shall be given to the member’s length of service, grade, aptitude, and physical and mental condition. Based on the Applicant’s record of service, the NDRB determined the Applicant’s service was honest and faithful but significant negative aspects of his conduct or performance of duty outweighed the positive aspects of his service record, and the awarded characterization of service was warranted. Re lief denied.

Issue 4: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant submitted a college transcript. 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. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum , however, completion of these items alone does not guarantee an upgrade from an unfavorable discharge. To warrant an upgrade, the Applicant’s post-service efforts need to be more encompassing. 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.

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 29, 23 November 2009 until Present, Article 1910-152, SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE OR MULTIPLE DRIVING UNDER THE INFLUENCE (DUI) / DRIVING WHILE INTOXICATED (DWIs).
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 .


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 | 2010_Navy | ND1001764

    Original file (ND1001764.rtf) Auto-classification: Denied

    Based on the Applicant’s repeated alcohol rehabilitation failures after receiving Level II and Level III alcohol rehabilitation treatment, to include two DUIs subsequent to completing treatment (3 career incidents involving driving while under the influence), and a previous COMNAVPERSCOM waiver of administrative separation(Feb 2006), his command processed for separationin accordance with the Naval Military Personnel Manual (MILPERSMAN). On 24 Oct 2008, the Applicant’s Commanding Officer...

  • NAVY | DRB | 2010_Navy | ND1001639

    Original file (ND1001639.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 | 2007_Navy | ND0700011

    Original file (ND0700011.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in the characterization of his service at discharge. 20030808: An Administrative Discharge Board, based upon the preponderance of evidence and by unanimous vote, found that the Applicant had committed misconduct due to civilian conviction and was an alcohol rehabilitation failure, however, by a 2-1 vote recommended retention. Elements of Discharge: [INVOLUNTARY] Date...

  • NAVY | DRB | 2006_Navy | ND0600989

    Original file (ND0600989.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: NOTIFICATION PROCEDUREDate Notified:20050825Narrative Reason(s): MISCONDUCT - alcohol abuse rehabilitation failureLeast Favorable Characterization: Date Applicant Responded to Notification: 20050825Rights Elected at Notification:Consult with Counsel Administrative Board NOT APPLICABLEObtain Copies Submit Statement(s) GCMCA Review Recommendation of Commanding Officer (date): NOT APPLICABLESeparation Authority (date):COMMANDING OFFICER,...

  • NAVY | DRB | 2010_Navy | ND1001062

    Original file (ND1001062.rtf) Auto-classification: Denied

    Relief denied.Summary: In reviewing the Applicant’s records, the Board noted that specific documentation and evidence was missing from the records to support the basis of discharge, Pattern of Misconduct. Since the Applicant could have been separated for Commission of a Serious Offense (violation of Article 92) and due to the fact the NDRB did not have the administrative separation package documentation available to determine what separation basis notification(s) were provided to the...

  • NAVY | DRB | 2007_Navy | ND0700701

    Original file (ND0700701.doc) 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 Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “MISCONDUCT (CIVIL CONVICTION)” The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate. You may view...

  • NAVY | DRB | 2006_Navy | ND0600227

    Original file (ND0600227.rtf) Auto-classification: Denied

    ND06-00227 Applicant’s Request The application for discharge review was received on 20051116. 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 “ALCOHOL REHABILITATION FAILURE.” The Applicant requests a documentary record discharge review. I’m asking for my discharge to be

  • NAVY | DRB | 2008_Navy | ND0800566

    Original file (ND0800566.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20030909 - 20030925 Active: Period of Service Under Review: Date of Enlistment: 20030926Period of Enlistment: Years Extension Date of Discharge: 20070416Length of Service: Yrs Mths21 Dys Education Level: Age at Enlistment: AFQT: NFIRHighest Rank/Rate: FT2 Evaluation Marks: Performance: 3.0(1) Behavior: 1.0(1) OTA: 2.43 Awards and Decorations (per DD 214): NDSM...

  • NAVY | DRB | 2012_Navy | ND1200820

    Original file (ND1200820.rtf) Auto-classification: Denied

    Navy Military Personnel Manual, (NAVPERS 15560C), Change 29, 23 November 2009 until Present, Article 1910-152, SEPARATION BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE OR MULTIPLE DRIVING UNDER THE INFLUENCE (DUI) / DRIVING WHILE INTOXICATED (DWIs).B. 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. ” Additional Reviews : After a document review has been conducted,...

  • NAVY | DRB | 2008_Navy | ND0800741

    Original file (ND0800741.rtf) Auto-classification: Denied

    [Extracted from CO’s message in case file].Applicant incurred DUI/DWI and alcohol related incident after having received Level I treatment that resulted from a previous DUI/DWI. The evidence of post service conduct while commendable did not provide a basis to change the narrative reason.Based on the foregoing evidence, the Board found the Applicant was properly discharged and determined a change in the narrative reason would be inappropriate.After a thorough review of the available...