Upgrade.Vet

NAVY | DRB | 2012_Navy | ND1200995

Original file (ND1200995.rtf) Auto-classification: Denied

ex-AN, USN

Current Discharge and Applicant’s Request

Application Received: 20120330

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)        19980813 - 19980930     Active:

Period of Service Under Review:
Date of Current Enlistment: 19981001     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19981117      Highest Rank/Rate: AN
Length of Service: Year(s) Month(s) 17 D ay(s)
Education Level:        AFQT: 50
Evaluation M arks:         Performance: N/A          Behavior: N/A    OTA: N/A

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    C C :      Retention Warning Counseling:

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:                  Other Documentation:
                  Additional Statements:
         From Applicant:          From/To Representation:          From/To Congress member:

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 22, effective 1 October 1998 until 19 May 1999, Article 1910-130, Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

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 to reenlist.
2.       The Applicant contends his medical diagnosis was unfounded and led to his involuntary separation.

Decision

Date: 20 1 3 0213             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 no misconduct. C ompetent medical authority diagnosed the Applicant with symptomatic W olff-Parkinson-White while in service . Had all the relevant facts about the Applicant’s condition been known by the Navy, or had appropriate directives been followed, it is unlikely that the Applicant would have been allowed to enlist. Based on an error committed by the Navy, and no fraudulent intent on the part of the Applicant, his command administratively processed him for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified coun sel and submit a written statement.

: (Nondecisional) The Applicant seeks an upgrade to reenlist. 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. 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.

: (Decisional) ( ) . The Applicant contends his medical diagnosis was unfounded and led to his involuntary separation. An Uncharacterized discharge is warranted when separation is initiated while a member is within the first 180 days of continuous active duty except when the characterization of service as Under Other Than Honorable Conditions (UOTHC) is authorized or Honorable is clearly warranted. The Applicant served 1 month and 17 days , had no misconduct that would rate an UOTHC discharge, and there was no evidence of unusual circumstances involving personal conduct and performance that would merit an Honorable characterization. The Applicant’s record reflects an in - service medical evaluation , w hich resulted in the following summary , “Unfortunately, unless (the Applicant’s condition) this is corrected, this is CD ( considered disqualifying ) – patient declines correction at Naval Medical Center. Recommend: medical separation for symptomatic _. Limited Light Duty until separation.” The Applicant’s record does not indicate the reason for declining further evaluations from a specialist, but the NDRB feels this measure could have revealed the existence or lack of the condition. The Applicant d id submit post - service medical evaluations from civilian sources on 22 Jul 2003 and 28 Feb 2012 contradicting the in - service diagnosis. However, unless substantial and credible information exists to rebut the medical authority’s findings that occurred at or about the time of the Applicant’s separation from service, the NDRB does not have jurisdictional authority to override medical authority diagnoses or findings that result ed in administrative separation that were proper and equitable at the time. The NDRB determined that an upgrade was not warranted. For reenlistment, he needs to show the post-service medical documentation to a recruiter to obtain a waiver for reenlistment. 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 hearing for 15 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 | 2013_Navy | ND1300990

Original file (ND1300990.rtf) Auto-classification: Denied

” 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 enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
NAVY | DRB | 2010_Navy | ND1001208

Original file (ND1001208.rtf) Auto-classification: Denied

The NDRB determined that the Applicant’s discharge, based on the diagnosis, was proper and warranted.Relief denied.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 . ” Additional Reviews : After a document review has been conducted, former members are eligible...
USMC | DRB | 2009_Marine | MD0900291

Original file (MD0900291.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: 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 DECISIONAL...
NAVY | DRB | 2007_Navy | ND0700490

Original file (ND0700490.rtf) Auto-classification: Denied

Additionally, there was no justification for upgrading the Applicant’s characterization of discharge based on a material change in the law.Issue3 (Propriety):The Applicant further contends that he was incorrectly diagnosed,by the Navy,as having a Personality Disorder.His claim andrequest for the narrative reason be changed to Adjustment Disorder is based on a diagnosis of Adjustment Disorder,made by his psychologist, one year prior to Applicant’s enlistment into Navy. Discharge Process Date...
NAVY | DRB | 2007_Navy | ND0700799

Original file (ND0700799.doc) Auto-classification: Denied

The record reflects that the Commanding Officer, USS PEARL HARBOR notified the Applicant of his intent to administratively separate the Applicant by reason of Convenience of the government – Personality Disorder per MILPERSMAN 1910-122 and that the least favorable characterization of service possible was General (Under Honorable Conditions). Discharge Process Date Notified: 20030114 Reason for Discharge: - Least Favorable Characterization: Date Applicant Responded to Notification:...
NAVY | DRB | 2008_Navy | ND0800605

Original file (ND0800605.rtf) Auto-classification: Denied

Post service – Equity (post service psychiatric evaluation submitted as evidence) Decision Date: 20080416Location: Washington D.C Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall PATTERN OF MISCONDUCT.Discussion Issue 1 (): The Applicant claims he was disabled whileenlisted and his misconduct was due to his disability. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record...
NAVY | DRB | 2009_Navy | ND0902001

Original file (ND0902001.rtf) Auto-classification: Denied

By unanimous vote, the awarded narrative reason for the discharge shall remain as issued.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 CONDITION NOT A DISABILITY.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years...
NAVY | DRB | 2008_Navy | ND0800710

Original file (ND0800710.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19981130 - 19990105Active: Period of Service Under Review: Date of Enlistment: 19990106Period of enlistment: YearsExtensionDate of Discharge:20031212Length of Service: Yrs Mths07 DysEducation Level: Age at Enlistment:AFQT: 80Highest Rank/Rate:ET2Evaluation marks:Performance: 3.8(6) Behavior:2.4(8)OTA: 2.66Awards and Decorations (per DD 214):ESWS NAM SSDR...
NAVY | DRB | 2008_Navy | ND0800671

Original file (ND0800671.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19980421 - 19980422Active: Period of Service Under Review: Date of Enlistment: 19980423Period of enlistment: YearsExtensionDate of Discharge:19980512Length of Service: Yrs Mths20 DysEducation Level: Age at Enlistment:AFQT: 36Highest Rank/Rate:SREvaluation marks:Performance: NFIR Behavior:NFIROTA: NFIRAwards and Decorations (per DD 214):Periods of UA/CONF: Types...
USMC | DRB | 2008_Marine | MD0800586

Original file (MD0800586.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: 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...

Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1200995

Similar Decisions