Upgrade.Vet

NAVY | DRB | 2012_Navy | ND1201282

Original file (ND1201282.rtf) Auto-classification: Denied

ex-CTI3, USN

Current Discharge and Applicant’s Request

Application Received: 20120522

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)        20040305 - 20041128     Active:          20041129 - 20080918

Period of Service Under Review:
Date of Current Enlistment: 20080919     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20110802      Highest Rank/Rate: CTI 2
Length of Service: Year(s) Month(s) 15 D ay(s)
Education Level:        AFQT: 50
Evaluation M arks:         Performance: 3.3 ( 3 )      Behavior: 3.3 ( 3 )        OTA: 3.24

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

Periods of UA /C ONF :

NJP :

- 20101004 :      Article (Failure to obey order or regulation; fail to obey a LGR by wrongfully consuming alcohol while operating a vehicle)
         Article ( Drunken or reckless operation of vehicle, aircraft, or vessel, on or about 20100918 physically c ontrol a passenger car, while alcohol concentration was .310 grams alcohol per 210 liters of breath or greater)
         Awarded: Suspended:

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

Administrative Corrections to the Applicant’s DD 214

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

         “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 041129 UNTIL 080918 ”
         Block 24, Character of Service, should read: “UNDER HONORABLE CONDITIONS (GENERAL) ”

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:                  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 31, effective 13 April 2010 until Present, Article 1910-156, SEPARATION BY REASON OF UNSATISFACTORY PERFORMANCE.

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 contends his discharge was inappropriately based upon the loss of his security clearance and was harsh.
2.       The Applicant contends his misconduct was an isolated incident in an otherwise honorable period of service.

Decision

Date: 20 1 3 0326             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 sta ndards of equity and propriety. The Applicant’s record of service included for o f the Uniform Code of Military Justice (UCMJ): Article 92 ( Failure to obey order or regulation, 1 specification) and Article 111 ( Drunken or reckless operation of vehicle, aircraft, or vessel , 1 specification). 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 an administrative board . However, the Applicant’s separation code of HHJ on his DD Form 214 indicates he waived his right to appear before an administrative board.

: (Decisional) ( ) . The Applicant contends his discharge was inappropriately based upon the loss of his security clearance and was harsh. The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. Per Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, effective 13 April 2010 until Present, Article 1910-156, SEPARATION BY REASON OF UNSATISFACTORY PERFORMANCE , “d enial or revocation of security clearance, thereby precluding ability to perform duties in assigned rating ” is a basis to separate a Sailor under this article. Per this article, characterization of service should be General unless an Honorable is warranted. With the NJP in his second enlistment, the NDRB determined the discharge was proper and equitable. Relief denied.

: (Decisional) ( ) . The Applicant contends his misconduct was an isolated incident in an otherwise honorable period of service. The Applicant received an Honorable characterization for his first enlistment from November 2004 to September 2008. Each period of enlistment is an independent obligation and characterization is determined for that specific period of time. In his second enlistment, he was found guilty of violating UCMJ Articles 92 and 111 at an NJP. 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. The NDRB determined the characterization was equitable. 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 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 | 2012_Navy | ND1201529

Original file (ND1201529.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 | 2012_Navy | ND1201512

Original file (ND1201512.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:DISABILITY Summary of Service Prior Service: Inactive:USNR19960408 - 19960430Active:19960501 - 2002042820020429 - 20050526 Period of Service Under Review: Date of Current Enlistment: 20091005Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20100903Highest Rank/Rate: AT1Length of Service: Year(s) Month(s) 29 Day(s)Education Level:AFQT: 64EvaluationMarks:Performance:3.0(1)Behavior:3.0(1)OTA:...
NAVY | DRB | 2011_Navy | ND1101345

Original file (ND1101345.rtf) Auto-classification: Denied

Representation: 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2012_Navy | ND1201334

Original file (ND1201334.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:REQUESTED, BUT NOT SPECIFIED Summary of Service Prior Service: Inactive:USNR (DEP)20080318 - 20080625Active: Period of Service Under Review: Date of Current Enlistment: 20080626Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20110826Highest Rank/Rate: ET3Length of Service: Year(s) Month(s) 01 Day(s)Education Level:AFQT: 69EvaluationMarks:Performance:3.0(6)Behavior:3.0(6)OTA: 3.02Awards and...
NAVY | DRB | 2012_Navy | ND1201393

Original file (ND1201393.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. 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. A request for a waiver can be submitted during the...
NAVY | DRB | 2011_Navy | ND1101503

Original file (ND1101503.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB is only authorized to determine if the discharge was proper and equitable.Issue 2: (Non-decisional) The Applicant wants her Narrative Reason for Separation changed for employment purposes. ” 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...
NAVY | DRB | 2011_Navy | ND1100077

Original file (ND1100077.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change in his RE code. Representation: 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...
NAVY | DRB | 2010_Navy | ND1001081

Original file (ND1001081.rtf) Auto-classification: Denied

The Applicant submitted an application for rating conversion, but this request was disapproved by COMNAVPERSCOM, who then ordered his separation in accordance with Naval Military Personnel Manual, (NAVPERS 15560C), Change 23, effective 19 May 2008 until 9 November 2009, Article 1910-156, SEPARATION BY REASON OF UNSATISFACTORY PERFORMANCE.The Applicant’s record does reflect an NJP for an unknown UCMJ violation four months after his second reenlistment, and the Board presumes that this...
NAVY | DRB | 2010_Navy | ND1000154

Original file (ND1000154.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20071127 - 20080408Active: Period of Service Under Review: Date of Current Enlistment: 20080409Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090705Highest Rank/Rate:YNSNLength of Service: Year(s)Month(s)27 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:1.5(2)Behavior:2.5(2)OTA: 2.17Awards and Decorations (per DD 214):Pistol...
NAVY | DRB | 2012_Navy | ND1201826

Original file (ND1201826.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20060426 - 20060906Active: Period of Service Under Review: Date of Current Enlistment: 20060907Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20091104Highest Rank/Rate: STS3Length of Service: Year(s) Month(s) 28 Day(s)Education Level:AFQT: 70EvaluationMarks:Performance:3.0(2)Behavior:2.5(2)OTA: 3.00Awards and Decorations (per DD 214):Rifle...

Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1201282

Similar Decisions