Upgrade.Vet

NAVY | DRB | 2012_Navy | ND1200941

Original file (ND1200941.rtf) Auto-classification: Denied

ex-SR, USN

Current Discharge and Applicant’s Request

Application Received: 20120320

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:       ADMIN SEP ARATION

Summary of Service
Prior Service:
Inactive:        US AR (DEP)        19980727 - 19990709     Active:
         US N R (DEP)        19990714 - 19990715

Period of Service Under Review:
Date of Current Enlistment: 19990716     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20000408      Highest Rank/Rate: SR
Length of Service: Y ear( s ) M onth( s ) 23 D a y ( s )
Education Level:        AFQT: 58
Evaluation M arks:         Performance: 2.0 ( 1 )      Behavior: 1.0 ( 1 )        OTA: 1.83
Awards and Decorations ( per DD 214):      NONE

NJP :     SPCM:    CC:      Retention Warning Counseling :

S CM :
- 20000106 :       Art icle (Desertion , 19991108-19991221, 43 days)
         Art icle (Missing movement , 3 specifications )
         Specification 1: 0730, 19991115
         Specification 2: 0900, 19991118
         Specification 3: 0800, 19991203
         Sentence : 22 days (pretrial: 19991221-20000103, 14 days; conf: 2000010 4 -20000107, 4 days)

Administrative Corrections to the Applicant’s DD 214

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

         “ 00 07 22 ”
         “ 99NOV08 TO 99DEC20; 99DEC21 TO 00JAN03; 00JAN04 TO 00JAN07 ”

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 28, effective 30 March 2000 until 29 August 2000, Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article s 85 and 87 .

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

Applicant’s Issues

1.        The Applicant contends his c ommanding o fficer (CO) recommended him for a General (Under Honorable Conditions) discharge , and it was improper for the discharge to be changed to Under Other Than Honorable Conditions.
2.       The Applicant requests a change to his narrative reason for discharge from Misconduct to Administrative Separation.

Decision

Date : 20 1 3 0205             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 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. 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 proprie ty. The Applicant’s record of service included for of the UCMJ: Article 85 ( Desertion, 1 specification of 43 days) and Article 87 (Missing movement, 3 specifications). Based on the offenses committed by the Applicant, command administratively processed for separation . When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board .

: (Decisional) ( ) . The Applicant contends his CO recommended him for a General (Under Honorable Conditions) discharge , and it was improper for the discharge to be changed to Under Other Than Honorable Conditions. The Applicant’s record shows that he was notified , in writing, on 17 March 2000 of his command’s intention to administratively separate him for (1) Misconduct - Commission of a Serious Offense and (2) Convenience of the Government - Personality Disorder. The notification said that the least favorable characterization of service could be Under Other Than Honorable Conditions. The Applicant acknowledged, in writing, that he was notified of these reasons for separation. In the documentation that was sent to the Separation Authority for a decision on the characterization of service and narrative reason for discharge, the Applicant’s CO recommended that the Applicant be separated with a General (Under Honorable Conditions) discharge for Personality Disorder . The CO’s recommendation is just that, a recommendation. It is not his decision as to the type of discharge a servicemember ultimately receives. The Separati on Authority (Commander, Cruiser Destroyer Group Eight) determined the most appropriate reason for separation was Misconduct (Serious Offense) and the most appropriate characterization of service was Under Other Than Honorable Conditions. By being found guilty of committing two serious offenses (Articles 85 and 87) at a Summary Court-Martial, the Applicant met the requirements for administrative separation for Misconduct (Serious Offense). The NDRB determined the Applicant’s discharge processing, characterization of service, and narrative reason were proper and equitable. Relief denied.

: (Decisional) ( ) . The Applicant requests a change to his narrative reason for discharge from Misconduct to Administrative Separation. As stated in I ssue 1 , the Separati on Authority decide s the most appropriate narrative reason for separation. The Applicant was found guilty of violating UCMJ Articles 85 and 87 at Summary Court-Martial. The NDRB determined no other narrative reason for separation more accurately describes why the Applicant was discharged. 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 | 2012_Navy | ND1201543

Original file (ND1201543.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 | 2009_Navy | ND0901608

Original file (ND0901608.rtf) Auto-classification: Denied

However, his DD Form 214 indicates that he was separated for misconduct and assigned a separation code of HKA, indicating that he waived his right to an administrative board. ” 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 has no authority to upgrade a discharge for the sole purpose of...
NAVY | DRB | 2014_Navy | ND1400732

Original file (ND1400732.rtf) Auto-classification: Denied

There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was mentally and physically abused by members of his command, to include his chief. ” 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 has no authority to upgrade a discharge...
NAVY | DRB | 2008_Navy | ND0801261

Original file (ND0801261.rtf) Auto-classification: Denied

Supporting documentation that could have been submitted for consideration by the Board include, but is not limited to: evidence of a verifiable long-term employment record;evidence of a drug-free existence; documentation of educational pursuits; certification of non-involvement with civil authorities; evidence of continuing volunteer or church service, and documentation of financial stability or evidence of good standing with financial institutions or credit card companies.The Applicant...
NAVY | DRB | 2008_Navy | ND0800347

Original file (ND0800347.rtf) Auto-classification: Denied

Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or 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 Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...
NAVY | DRB | 2013_Navy | ND1301082

Original file (ND1301082.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: END OF OBLIGATED SERVICE Summary of Service Prior Service: USNR (DEP)19951229 - 19960115 USNR19960116 - 20010115USNR-R20010116 - 20010117USNR 20010118 - 20031213USNR 20031214 - 20071201USNR 20071202 - 20110103 Period of Service Under Review: Date of Current Enlistment: 20110104Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20110914Highest Rank/Rate:ADCLength of Service:Year(s)Month(s) 11...
NAVY | DRB | 2012_Navy | ND1200825

Original file (ND1200825.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 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...
NAVY | DRB | 2008_Navy | ND0800118

Original file (ND0800118.rtf) Auto-classification: Denied

With regard to impropriety or inequity there is no evidence in the record, nor has the Applicant produced any evidence to support his request for an upgrade in the characterization of his 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 discharge. With respect to a discharge adjudged by a court-martial, the action of the NDRB is...
NAVY | DRB | 2012_Navy | ND1201746

Original file (ND1201746.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 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 years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are...
NAVY | DRB | 2012_Navy | ND1201183

Original file (ND1201183.rtf) Auto-classification: Denied

In carefully reviewing the Applicant’s service record, the NDRB determined the Separation Authority (Commander, Navy Personnel Command)eventually ordered in a message dated 22 December 2006 that the Applicant be separated for Misconduct (Drug Abuse)with a characterization of service of General (Under Honorable Conditions) after it reviewed the facts of the case and the proceedings of the administrative separation board. As the Separation Authority is the sole authority to determine...

Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1200941

Similar Decisions