DOLPH, Jennifer R., XXX-XX-4025, ex-SN, USN

                  Current Discharge and Applicant’s Request

Application Received: 20130115
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge:   MILPERSMAN

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

                             Summary of Service

Prior Service:
Inactive:   USNR (DEP) 20120703 - 20120729   Active:

Period of Service Under Review:
Date of Current Enlistment:  20120730   Age at Enlistment:
Period of Enlistment:   Years   Extension
Date of Discharge:  20121016 Highest Rank/Rate:  SN
Length of Service:   Year(s)     Month(s)   17 Day(s)
Education Level:       AFQT:  71
Evaluation Marks:      Performance:  N/A     Behavior:  N/A   OTA:  N/A

Awards and Decorations (per DD 214):    NONE

Periods of UA/CONF:

NJP:        SCM:       SPCM:      CC:   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 11
effective 20 June 2005 until Present, 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 wants to reenlist.
2.    The Applicant contends she received recruitment waivers for her
   tattoos.

                                  Decision

Date:  20131003        Location:  Washington D.C.  Representation:

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  .
By a vote of 5-0, the Separation Code shall change to JFF.

                                 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 evidence submitted by the Applicant.  The 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
instances of misconduct.  The Applicant was recruited into the Navy with an
enlistment waiver for body art (tattoos) that was cataloged in her
enlistment contract.  However, she was processed for administrative
separation during entry level training with a narrative reason of Erroneous
Enlistment for tattoos.  When notified of administrative separation
processing using the  procedure, the Applicant exercised  rights to consult
with a qualified counsel and submit a written statement.  The Applicant was
not entitled to an administrative board.

:  (Nondecisional)  The Applicant wants 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 Board for Correction of Naval
Records can make changes to reenlistment codes via a request using DD Form
149.  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 she received recruitment
waivers for her tattoos.  The Applicant’s recruiting contract clearly and
thoroughly records her body art (tattoos) for which she did receive a
proper waiver for enlistment.  The NDRB agrees with the Applicant’s
contention that an erroneous enlistment did not occur in her case.  The
Applicant requested a change in her Separation Code to JHD, which does not
apply to her discharge.  The NDRB determined a more appropriate correction
for her discharge would be to change her narrative reason for separation to
Secretarial Authority with a corresponding Separation Code of JFF.  Partial
relief granted.  The change to Secretarial Authority is warranted because
no other description matches why she was discharged.

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 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.

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  .
However, the narrative reason for separation shall change to SECRETARIAL
AUTHORITY and the Separation Code shall change to JFF.  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.

                               Record of Vote



|Board Members                 |Characterization  |Narrative Reason  |
|                              |                  |Change to         |
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|Presiding Officer             |                  |                  |
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|Recorder                      |                  |                  |



    Recorder’s Signature:  _____________________________________________


   Presiding Officer’s Signature:  _______________________________________



                  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