Upgrade.Vet

NAVY | DRB | 2012_Navy | ND1200040

Original file (ND1200040.rtf) Auto-classification: Denied

ex-HN, USN

Current Discharge and Applicant’s Request

Application Received: 20111004

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)        19990506 - 19990519     Active:

Period of Service Under Review:
Date of Current Enlistment: 19990520     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20020508      Highest Rank/Rate: HN
Length of Service: Y ear s M onth s 12 D a ys
Education Level:        AFQT: 35
Evaluation M arks:         Performance: 3.0 ( 4 )      Behavior: 2.7 ( 4 )        OTA: 2.95

Awards and Decorations ( per DD 214):      CoC (2)

Period of C ONF :

NJP :

- 20011026 :      Article (Absence without leave)
         Awarded: CCU 7 days Suspended: CCU

S CM :          SPCM:          C C :

Retention Warning Counseling :

- 19990521 :       For fraudulent enlistment

- 20011026 :       For violation of UCMJ Article 86

Administrative Corrections to the Applicant’s DD 214

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

         “ MILPERSMAN 1910-122 ”

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 33, effective 14 August 2001 until 21 August 2002, 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 A pplicant contends he deserves an H onorable discharge since he is rated at 100% disab led f rom the U.S. Department of Veterans Affairs (VA) .

Decision

Date: 20 1 2 1009 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 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 NAVPERS 1070/613 (Page 13) warning s and for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave ) . The Applicant’s DD Form 214 reflects he was administratively separated for Personality Disorder , however, there was no specific information in the Applicant’s records concerning this diagnosis. Presuming regularity in governmental affairs, command administratively processed for separation due to Personality Disorder . The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review .

: (Decisional) ( ) . The Applicant contends he deserves an Honorable discharge since he is rated at 100% disabled from the VA. The Applicant provided no details on why he has been rated 100% disabled. Decisions reached by the VA to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Navy. The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization. The NDRB is not bound by VA decisions, nor do VA decisions have any bearing on the decisions of the NDRB. Although there is no specific information concerning the Applicant’s in-service diagnosis of Personality Disorder, the record does reflect a fraudulent enlistment and nonjudicial punishment for violation of UCMJ Article 86 (Absence without leave). Per Naval Military Personnel Manual Article 1910-122, characterization of service for Personality Disorder should be Honorable unless General is warranted. 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 (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 outweighed the positive aspects of the member’s service record. With a fraudulent enlistment and NJP during his enlistment, the NDRB determined the General discharge was proper and equitable. As to the Personality Disorder diagnosis, the NDRB presumes regularity in governmental affairs. Even though there is no specific information in the Applicant’s records concerning his diagnosis, the NDRB presumes he was properly diagnosed. 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 | 2009_Navy | ND0900886

Original file (ND0900886.rtf) Auto-classification: Denied

(5’10”, 253lbs) 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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...
NAVY | DRB | 2010_Navy | ND1000959

Original file (ND1000959.rtf) Auto-classification: Denied

The Separation Authority determined that Personality Disorder was the more appropriate narrative reason for discharge. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board found Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall...
NAVY | DRB | 2011_Navy | ND1101667

Original file (ND1101667.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...
NAVY | DRB | 2010_Navy | ND1000204

Original file (ND1000204.rtf) Auto-classification: Denied

The Applicant’s spouse was discharged subsequently from the service with an Honorable discharge for Personality Disorder. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board found the discharge was not proper and not equitable.Therefore, the awarded characterization of service shall and the narrative reason for...
NAVY | DRB | 2010_Navy | ND1001367

Original file (ND1001367.rtf) Auto-classification: Denied

Given the Applicant’s undisclosed pre-service mental health record, his current diagnosis, and his performance and conduct issues since enlistment, the Separation Authority determined that the discharge recommendation of Personality Disorder was appropriate based on the separation package that was endorsed and forwarded to him. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...
NAVY | DRB | 2007_Navy | ND0700927

Original file (ND0700927.rtf) Auto-classification: Denied

Discharge Process Date Notified: NOT FOUND IN RECORDReason for Discharge:Least Favorable Characterization: Date Applicant Responded to Notification:NOT FOUND IN RECORD Rights Elected at Notification: NOT FOUND IN RECORDCommanding Officer Recommendation (date): NOT FOUND IN RECORD Separation Authority (date): NOT FOUND IN RECORDReason for discharge directed: NOT FOUND IN RECORD Characterization directed: NOT FOUND IN RECORD Date Applicant Discharged: 20021001 Types of Documents Submitted by...
NAVY | DRB | 2013_Navy | ND1300450

Original file (ND1300450.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, discharge process, and testimony, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to with a corresponding Separation Code change to JFF. ” Additional Reviews :...
NAVY | DRB | 2013_Navy | ND1301529

Original file (ND1301529.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge narrative reason should be changed to “medical. Relief granted.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...
NAVY | DRB | 2015_Navy | ND1500377

Original file (ND1500377.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Reentry Code change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20080911 - 20090714 Active: Period of Service Under Review: Date of Current Enlistment: 20090715 Age at Enlistment: Period of Enlistment: Years Extension Date of Discharge: 20090828 Highest Rank/Rate: AR Length of Service: Year(s) Month(s) 14 Day(s) Education Level: AFQT: 75 Evaluation Marks: NFIR By a vote of the Narrative Reason shall...
NAVY | DRB | 2011_Navy | ND1101871

Original file (ND1101871.rtf) Auto-classification: Denied

Relief granted.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 but the narrative reason for separation shall change to SECRETARIAL AUTHORITY.The Applicant is no longer eligible for additional reviews or hearings by the NDRB. ” Additional Reviews : After a document review has been conducted, former members are eligible for...

Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1200040

Similar Decisions