Upgrade.Vet

NAVY | DRB | 2013_Navy | ND1300481

Original file (ND1300481.rtf) Auto-classification: Denied

ex-AR, USN

Current Discharge and Applicant’s Request

Application Received: 20121231

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:       MEDICAL

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20090305 - 20091213     Active:

Period of Service Under Review:
Date of Current Enlistment: 20091214     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20100204      Highest Rank/Rate: SR
Length of Service: Y ear s M onth s 21 D a ys
Education Level:        AFQT: 35
Evaluation M arks:         Performance: NOB          Behavior: NOB    OTA: NOB

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:                  Oth er Documentation:
                  Additional Statements :
         From Applicant:          From /To Representation:          From /To Congress m ember :

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective 10 November 2009 until Present, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 and change to the Narrative Reason for Separation to enhance employment opportunities .
2 .       The Applicant contends h e does not understand why he received a Fraudulent Entry discharge, and he was unaware that a high-school football injury that corrected itself before enlistment would lead to a fraudulent enlistment.

Decision

Date: 20 1 3 0912             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 NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. The Applicant’s command a dministratively processed for separation based on fraudulent entry. 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 a General Court-Mar tial Convening Authority review .

: (Nondecisional) The Applicant seeks an upgrade and change to the Narrative Reason for Separation to enh ance employment 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.

: (Decisional) ( ) . The Applicant contends h e does not understand why he received a Fraudulent Entry discharge, and he was unaware that a high-school football injury that corrected itself before enlistment would lead to a fraudulent enlistment. On 22 January 2010 while at Recruit Training , the Applicant revealed a pre- service medical condition (lower back pain) that caused him to sit out his senior year of football . As evidenced by DD Form 2807 of 21 February 2009, the Applicant indicated that h e does not have, or has ever had, “recurrent back pain, or any back problem . ” On 27 January 2010, the Applicant signed discharge notification paperwork that clearly stated he was being discharged for fraudulent entry. The NDRB found the Applicant’s statements d o not refute the presumption that the Applicant deliberately misrepresented his medical condition during the enlistment process, including the omission or concealment of facts which, if known at the time , would have reasonably been expected to preclude, postpone , or otherwise affect the Applicant ’s eligibility for enlistment or induction. No other narrative reason other than F raudulent E ntry more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. An Uncharacterized discharge is warranted when s eparation 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 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. 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 | 2015_Navy | ND1501138

Original file (ND1501138.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain UNCHARACTERIZED (ENTRY LEVEL SEPARATION) and the narrative reason for separation shall remain FRAUDULENT ENTRY. ” Additional Reviews : After a document...
NAVY | DRB | 2014_Navy | ND1400418

Original file (ND1400418.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20120807 - 20130326Active: Period of Service Under Review: Date of Current Enlistment: 20130327Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20130617Highest Rank/Rate: SRLength of Service: Year(s) Month(s) 21 Day(s)Education Level:AFQT: 57EvaluationMarks:Performance:NOBBehavior:NOBOTA: NOBAwards and Decorations (per DD 214):NONEPeriods of...
NAVY | DRB | 2014_Navy | ND1400408

Original file (ND1400408.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:ERRONEOUS Summary of Service Prior Service: Inactive:USNR (DEP)20130211 - 20130922Active: Period of Service Under Review: Date of Current Enlistment: 20130923Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20131120Highest Rank/Rate:SRLength of Service:Year(s)Month(s) 28 Day(s)Education Level:AFQT: 90EvaluationMarks:Performance:NOBBehavior:NOBOTA: NOBAwards and Decorations (per DD...
NAVY | DRB | 2013_Navy | ND1300382

Original file (ND1300382.rtf) Auto-classification: Denied

Representation: 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 | ND1201450

Original file (ND1201450.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. DEPARTMENT OF THE NAVYNAVAL...
NAVY | DRB | 2014_Navy | ND1401291

Original file (ND1401291.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:ERRONEOUS ENTRY Summary of Service Prior Service: Inactive:USNR (DEP)20130226 - 20130520Active: Period of Service Under Review: Date of Current Enlistment: 20130521Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20130807Highest Rank/Rate:SRLength of Service:Year(s)Month(s) 17 Day(s)Education Level:AFQT: 81EvaluationMarks:Performance:NOBBehavior:NOBOTA: NOBAwards and Decorations (per DD...
NAVY | DRB | 2009_Navy | ND0900583

Original file (ND0900583.rtf) Auto-classification: Denied

Record of service. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that 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...
NAVY | DRB | 2010_Navy | ND1000810

Original file (ND1000810.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Nondecisional issues: The Applicant seeks an upgrade in his discharge characterization and change in narrative reason for separation in order to reenlist in the United States Army. Rather, the NDRB examines the propriety and the equity of an Applicant’s discharge and is authorized to change the characterization of that service or the reason for discharge if factors of equity or...
USMC | DRB | 2013_Marine | MD1300657

Original file (MD1300657.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: HONORABLENarrative Reason change to:MEDICAL Summary of Service Prior Service: Inactive:USMCR (DEP)20060628 - 20060709Active: Period of Service Under Review: Date of Current Enlistment: 20060710Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20060802Highest Rank:Length of Service: Year(s)Month(s)23 Day(s)Education Level: AFQT:74MOS: 9900Proficiency/Conduct Marks (# of occasions):NOB/NOBFitness Reports: Awards and...
NAVY | DRB | 2013_Navy | ND1301210

Original file (ND1301210.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20100503 - 20120618Active: Period of Service Under Review: Date of Current Enlistment: 20120619Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20120719Highest Rank/Rate:SRLength of Service:Year(s)Month(s) 01 Day(s)Education Level:AFQT: 41EvaluationMarks:Performance:NOBBehavior:NOBOTA: NOBAwards and Decorations (per DD 214):NONEPeriods of...

Search Decisions

Decision Text

NAVY | DRB | 2013_Navy | ND1300481

Similar Decisions