Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101851
Original file (ND1101851.rtf) Auto-classification: Denied

ex-AMAN, USN
Current Discharge and Applicant’s Request
Application Received: 20110802
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)        19990204 - 19990921     Active:   19990922 - 20031113 HON
                          
Period of Service Under Review:
Date of Current Enlistment: 20031114     Age at Enlistment: 22
Period of E nlistment : Years Extension
Date of Discharge: 20081224      Highest Rank/Rate: AM2
Length of Service: Y ear s M onth 11 D a ys
Education Level:        AFQT: 36
Evaluation M arks:         Performance: 4.1 ( 10 )     Behavior: 2.9 ( 10 )       OTA: 3.53

Awards and Decorations ( per DD 214):      GCM (2) GWOT S M SSDR (3) AFEM MUC NUC NDSM LOC (2) LOA

Periods of UA /C ONF :

NJP : 2
- 20081021 :      Article 86 (Absence without leave)
         Article 92 (Failure to obey order or regulation)
         Awarded: RIR (to E-4)              Suspended: RIR (suspend 6 months)
         [ *RIR suspension v acated on 2008110 8 due to continued misconduct]

- 20081109 :      Article 86 (Absence without leave)
         Article 92 (Failure to obey order or regulation)
         Article 111 (Drunken or reckless operation of a vehicle)
          Awarded : RIR (to E-3) RESTR EPD  Susp ended:

S CM : NONE        S PCM: NONE        C C : NONE

Retention Warning Counseling : 2
- 20081021 :       For VUCMJ Article 86 , A bsence without leave and VUCMJ Article 92 , F ailure to obey order or regulation .

- 20081109 :       For A bsence without leave, F ailure to obey order or regulation, and D runken or reckless operation of a vehicle (VUCMJ Articles 86, 92, and 111) .

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative errors on the original DD Form 214:

          “ ALCOHOL REHABILITATION FAILURE ”

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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 23, 15 May 2008 until 22 November 2009, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE.
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.        A pplicant seeks a discharge upgrade to re enlist in the U.S. Armed Forces.
2.       Applicant seeks a discharge upgrade to increase employment opportunities.
 3.       Applicant contends he was going through a rough time with personal problems.
Decision

Date: 20 1 2 09 14             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. T he NDRB conducted a detailed review of the Applicant’s service records to determine whether his discharge met the pertinent standards for propriety and equity. The Applicant’s record of service for the current enlistment period included two NAVPERS 1070/613 (Page 13) warning s and two non-judicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, 2 specifications : 2300 on 15 October 2008 to 0115 on 16 October 2008; and 2200 on 8 November 2008 to 0350 on 9 November 2008 ) , Article 92 (Failure to obey order or regulation , 2 specifications : exercise liberty order, 15 October and 8 November 2008 ) , and Article 111 (Drunken or reckless operation of a vehicle , approximately 1800 on 8 November 2008 ) . The Applicant attended substance abuse Level I r ehabilitation treatment (2-27 October 2000) as a result of an alcohol - related incident in July 2000, during his first enlistment. The Applicant was involved in a subsequent alcohol - related incident on 19 January 2001 (during first enlistment) and was referred for Level II r ehabilitation treatment, which he completed from 19 January-27 February 2001. During the current enlistment, the Applicant was arrested for DUI on 7 November 2008 , which resulted in his failure of the substance abuse rehabilitation treatment program (treatment failure). Per the Naval Military Personnel Manual (MILPERSMAN), t he Applicant was processed for administrative separation by his command . W hen notified of administrative separation processing (for P attern of M isconduct, C ommission of a S erious O ffense, and A lcohol R ehabilitation F ailure) using the procedure on 15 November 2008 , the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative separation board (due to his more than six years of military service) . The Applicant was separated from the Navy on 24 December 2008 with a General (Under Honorable Conditions) discharge due to Alcohol R ehabilitation Failure.

Issues 1-2 : (Nondecisional) The Applicant seeks a discharge upgrade to reenlist in the U.S. Armed Forces and to increase his employment opportunities. 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 B oard for Correction of Naval Records can make changes to reenlistment codes. 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. T he NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as r egulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Issue 3: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends he was going through a rough time with personal problems. The NDRB recognizes that serving in the military is challenging. Most servicemembers, however, serve honorably and therefore earn their Honorable discharges. In fairness to those servicemembers, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. There is no evidence in the record, nor did the Applicant provide any documentation, to indicate he attempted to use the numerous services available for servicemembers who undergo personal problems during their enlistments, such as the Navy Chaplain, Medical or Mental Health professionals, Navy Relief Society, Family Advocacy Programs, or even the Red Cross. The NDRB determined the Applicant’s personal problems were not mitigating factors in his misconduct. Relief denied.

Per the MILPERSMAN, when a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under Honorable conditions. A General (Under Honorable Conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweigh the positive aspects of the member’s service record. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of conduct expected of all Sailors, especially considering his grade , experience and total length of service, and falls short of what is required for an upgrade in the characterization of service to Honorable.
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

  • NAVY | DRB | 2010_Navy | ND1001049

    Original file (ND1001049.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks an upgrade to obtain veterans benefits.2. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant...

  • USMC | DRB | 2008_Marine | MD0801206

    Original file (MD0801206.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP)19981028 - 19981231Active: Period of Service Under Review: Date of Enlistment: 19990101Period of Enlistment: Years MonthsDate of Discharge:20021231Length of Service: Yrs Mths00 DysEducation Level: Age at Enlistment:AFQT: NFIRMOS: 6672Highest Rank: Fitness Reports: Proficiency/Conduct Marks (# of occasions):4.1/3.6 (10)Awards and Decorations (per DD 214): Rifle:...

  • USMC | DRB | 2008_Marine | MD0801152

    Original file (MD0801152.rtf) Auto-classification: Denied

    There was no evidence in the record, nor was any submitted by the Applicant, documenting he was not responsible for his actions or that the misconduct should be excused based on youth and immaturity. Again, the Board determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews :...

  • USMC | DRB | 2008_Marine | MD0801241

    Original file (MD0801241.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance...

  • USMC | DRB | 2008_Marine | MD0801205

    Original file (MD0801205.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: NONE DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Record of service. ” 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...

  • NAVY | DRB | 2010_Navy | ND1001299

    Original file (ND1001299.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 the administrative separation 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,...

  • USMC | DRB | 2008_Marine | MD0801244

    Original file (MD0801244.rtf) Auto-classification: Denied

    The Applicant should be aware completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post service conduct mitigates the reason for the characterization of discharge. The Board determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the...

  • NAVY | DRB | 2011_Navy | ND1100124

    Original file (ND1100124.rtf) Auto-classification: Denied

    Automatic upgrades are not given.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand the administrative separation 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...

  • 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...

  • USMC | DRB | 2008_Marine | MD0800820

    Original file (MD0800820.rtf) Auto-classification: Denied

    Vacated 20010307.SCMs: 1 20010518: Article 92 (Failure to obey order), 3specifications, Article 95 (Fleeing apprehension), Article 134 (Breaking restriction).Sentence - RIR (E2), FOP ($300 for 1 month), Confinement (29 days). If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy...