Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101870

Original file (ND1101870.rtf) Auto-classification: Denied

ex-ITSA, USN

Current Discharge and Applicant’s Request

Application Received: 20110810

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)        20010720 - 20020708     Active:

Period of Service Under Review:
Date of Current Enlistment: 20020709     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060323      Highest Rank/Rate: ITSN
Length of Service: Y ear s M o nth s 15 D a ys
Education Level:        AFQT: 62
Evaluation M arks:         Performance: 2.5 ( 2 )      Behavior: 1.5 ( 2 )        OTA: 2.17

Awards and Decorations ( per DD 214):      GCM NDSM

Periods of C ONF :

NJP : 1

- 20060127 :      Article 86 (Absence without leave, 0600-0730, 20060112)
         Article 92 (Failure to obey order or regulation , 2 specifications)
         Article 108 (Military property of the United States - l oss, damage, destruction, or wrongful disposition, loss of military I.D.)
         Awarded: RIR FOP RESTR EPD       Suspended:

S CM : NONE                SPCM: NONE                C C : NONE

Retention Warning Counseling : 1

- 20060127 :       For absence without leave, failure to obey order or regulation, and loss of Armed Forces Identification Card

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, NATIONAL DEFENSE SERVICE MEDAL, OVERSEAS SERVICE RIBBON (2), GLOBAL WAR ON TERRORISM SERVICE MEDAL ”

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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until 28 May 2008, Article 1910-122, Separation By Reason of Convenience of the Government - Personality Disorder(s).

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 seeks an upgrade in order to qualify for the Montgomery G.I. Bill.
2.       The Applicant contends she was supposed to receive an Honorable discharge.

Decision

Date: 20 1 2 090 6             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 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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one NAVPERS 1070/613 (Page 13) warning and one non-judicial punishment (NJP) for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, 0600-0730, 20060112), Article 92 (Failure to obey order or regulation , 2 specifications), and Article 108 (Military property of the United States - l oss, damage, destruction, or wrongful d isposition, loss of military I D card .). On 15 May 2006 , the Applicant was diagnos ed with d epressive d isorder, not otherwise specified, b orderline p ersonality d isorder, and self-inflicted lacerations by a staff psychologist and was recommended for expeditious separation. She was found to have a longstanding disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy in any capacity. The record reflects she had been admitted twice for in-patient treatment aboard ship for active suicidal ideation but refused to engage in the therapeutic process. Base d on the Applicant’s diagnosis of personality disorder, her command administratively processed her for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived her rights to consult with a qualified counsel and submit a written statement. The Applicant was not entit led to an administrative board.

: (Nondecisional) The Applicant seeks an upgrade in order to qualify for the Montgomery G.I. Bill. 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.

: (Decisional) ( ) . The Applicant contends that she was supposed to receive 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. An Honorable characterization of service is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for Naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A General 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 outweighed the positive aspects of the member’s service record. Based on the Applicant’s record of service, including a below-average evaluation overall trait average and an NJP, the NDRB determined the Applicant’s service was honest and faithful but significant negative aspects of her conduct or performance of duty outweighed the positive aspects of h er service record . 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.

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 | 2011_Navy | ND1101940

Original file (ND1101940.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20020327 - 20020423Active: Period of Service Under Review: Date of Current Enlistment: 20020424Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20060228Highest Rank/Rate:BU3Length of Service:Year(s)Month(s) 05 Day(s)Education Level:AFQT: 57EvaluationMarks:Performance:3.6(5)Behavior:2.8(5)OTA: 3.05Awards and Decorations (per DD 214):Rifle...
USMC | DRB | 2012_Marine | MD1201604

Original file (MD1201604.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Therefore, the characterization of service will change from Uncharacterized to General (Under Honorable Conditions).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 the discharge was proper but the characterization of service was improperly assigned. ” Additional...
NAVY | DRB | 2007_Navy | ND0700027

Original file (ND0700027.rtf) Auto-classification: Denied

ex-SN, USNND07-00027Current Discharge and Applicant’s Request: Application Received: 20061012Characterization of Service: Reason for Discharge: - due toDischarge Authority: MILPERSMAN1910-134Duty Assignment/Command at Discharge: USS ENTERPRISE (CVN 65) HP: NORFOLK, VAApplicant’s Request: Characterization change to: Narrative Reason change to: EARLY SEPARATION FOR EDUCATION Review Requested: Representation:Issues (as summarized by NDRB): 1. Elements of Discharge: [INVOLUNTARY] Date...
NAVY | DRB | 2012_Navy | ND1200641

Original file (ND1200641.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 personal appearance hearing for a period of fifteen...
NAVY | DRB | 2007_Navy | ND0700393

Original file (ND0700393.rtf) Auto-classification: Denied

The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Whenever a member is being processed through the Physical Evaluation...
NAVY | DRB | 2007_Navy | ND0700895

Original file (ND0700895.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 Service Prior Service: Inactive: USNR (DEP) 20020731 - 20030709 Period of Service Under Review: Date of Enlistment: 20030710Years Contracted:4Date of Discharge:20060209Length of Service: 02 Yrs 07Mths00 DysLost Time:Days UA unable to determineEducation Level: 12Age at...
NAVY | DRB | 2011_Navy | ND1100987

Original file (ND1100987.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2011_Marine | MD1100942

Original file (MD1100942.rtf) Auto-classification: Denied

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, nor does it have the authority to grant medical retirements for servicemembers who have been separated. Therefore, the Applicant’s narrative reason for separation will be changed to Secretarial Authority with no change to the characterization of service.Summary: After a thorough review of the available evidence, to include the Applicant’s...
USMC | DRB | 2007_Marine | MD0700683

Original file (MD0700683.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)20040323 - 20040509 Period of Service Under Review: Date of Enlistment: 20040510Years Contracted:4; Extension: Date of Discharge:20060407Length of Service: 01 Yrs 10Mths28 DysLost Time:Days UA: Days Confined: Education Level:...
NAVY | DRB | 2010_Navy | ND1000749

Original file (ND1000749.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.Naval Military Personnel...

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101870

Similar Decisions