Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101804
Original file (ND1101804.rtf) Auto-classification: Denied

ex-SN, USN
Current Discharge and Applicant’s Request
Application Received: 20110721
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)        20050625 - 20051017     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20051018     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20080918      Highest Rank/Rate: SN
Length of Service: Y ear s M onth s 01 D a y
Education Level:        AFQT: 38
Evaluation M arks:         Performance: 3.7 ( 3 )      Behavior: 2.3 ( 3 )        OTA: 3.28

Awards and Decorations ( per DD 214):      NDSM GWOTSM

Periods of UA /C ONF :

NJP : 1
- 20060901 :      Article 92 (Failure to obey order or regulation)
         Awarded: RIR FOP RESTR EPD       Suspended: RIR FOP

S CM : NONE SPCM: NONE C C : NONE

Retention Warning Counseling : 1

- 20080827 :       For failure to comply with the Department of the Navy’s Family Care Plan

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 14, effective 29 March 2006 until 3 August 2010, Article 1910-124, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PARENTHOOD.
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 contends that other single mothers were awarded an Honorable Discharge for failing to comply with the Navy’s Family Care Plan.
2.       The Applicant contends she had no pattern of misconduct, no court-martials, no rank reduction, and above average evaluations.

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 one NAVPERS 1070/613 (Page 13) warning and one non-judicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ): 92 (Failure to obey order or regulation). The Applicant submitted a Family Care Plan Non-Compliance Package on 21 July 2008 , because she was unable to provide long-term care for her son. When notified of administrative separation processing using the notification procedure, the Applicant exercised her rights to consult with a qualified counsel and submit a written statement. The Applicant was not entitl ed to an administrative board.

: (Decisional) ( ) . The Applicant contends other single mothers were awarded an Honorable Discharge even after failing to comply with the Navy’s Family Care Plan. The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service. Based upon availab le records and in accordance with the Naval Military Personnel Manual for separation due to parenthood, it appears that the Applicant’s discharge was inconsistent with the standards of discipline in the United States Navy. The NDRB determined that an upgrade was warranted. Relief granted .
: (Decisional) ( ) . The Applicant contends she had no pattern of misconduct, no court-martials, no rank reduction, and above average evaluations. The Applicant’s record shows that she did violate UCMJ Article 92 (Failure to obey order or regulation) and was punished by her command at NJP on 01 September 2006 with reduction in rank to E - 1 (suspended for six months), f orfeiture of half month ’s pay for two months (suspended for six months), and 30 days r estriction and e xtra duties. However, after a complete review of the records and taking into account the unique circumstances of this case, the Board determined that this was not a significant negative aspect to her otherwise honest and faithful service and by a vote of 5-0 determined that her discharge should be changed to Honorable. Relief granted.

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 change to 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

  • NAVY | DRB | 2010_Navy | ND1000177

    Original file (ND1000177.rtf) Auto-classification: Denied

    On 20 August 2001, the Separation Authority approved the recommendation for administrative separation and the Applicant was discharged under Honorable conditions with a re-enlistment code of RE-3B (Parenthood or custody of minor children a member is unable to perform prescribed duties, or unable to comply with family care plan requirements-Ineligible to reenlist without a Commander, Navy Recruiting Command waiver). Pursuant to the Commanding Officer’s recommendation for administrative...

  • NAVY | DRB | 2013_Navy | ND1301678

    Original file (ND1301678.rtf) Auto-classification: Denied

    There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board by proper authority. ” 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 have the authority to change a...

  • NAVY | DRB | 2009_Navy | ND0901562

    Original file (ND0901562.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain PARENTHOOD OR CUSTODY OF MINOR CHILDREN.The Applicant remains eligible for a...

  • NAVY | DRB | 2007_Navy | ND0700674

    Original file (ND0700674.rtf) Auto-classification: Denied

    ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. ” Only the Board for Correction of Naval Records can grant this type of...

  • NAVY | DRB | 2010_Navy | ND1001335

    Original file (ND1001335.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues Decisional issue: The Applicant contends that her characterization of service at discharge was inequitable as it was based on one isolated incident in over 35 months of otherwise honorable service, she was discharged due to parenthood - not for misconduct, and her performance and conduct of record warrant a characterization of Honorable. The Applicant’s service record documents...

  • NAVY | DRB | 2009_Navy | ND0901482

    Original file (ND0901482.rtf) Auto-classification: Denied

    The evidence of record indicates that the Applicant’s request for discharge was approved by her commanding officer and she was separated with a General (Under Honorable Conditions) characterization of service. ” 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 PARENTHOOD. ...

  • NAVY | DRB | 2015_Navy | ND1500409

    Original file (ND1500409.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 change to HONORABLE and the narrative reason for separation shall remain PARENTHOOD OR CUSTODY OF MINOR CHILDREN. ” Additional Reviews : After a document...

  • NAVY | DRB | 2007_Navy | ND0700670

    Original file (ND0700670.rtf) Auto-classification: Denied

    ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for...

  • NAVY | DRB | 2011_Navy | ND1101717

    Original file (ND1101717.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. Since full relief was given...

  • NAVY | DRB | 2010_Navy | ND1001863

    Original file (ND1001863.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...