ARMY | BCMR | CY2006 | 20060009074
The lawyer further indicated that the militarys determination that the applicants 1995 misdemeanor convictions constituted a misdemeanor crime of domestic violence under the Lautenberg Amendment was an error. This regulation states that the Domestic Violence Amendment to the Gun Control Act of 1968 (Section 922, Title 18, United States Code), the Lautenberg Amendment, makes it unlawful for any person to transfer, issue, sell or otherwise dispose of firearms or ammunition to any person...
USMC | DRB | 2014_Marine | MD1401140
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 , . 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...
ARMY | BCMR | CY2009 | 20090003071
It was determined that the applicant required a moral waiver for enlistment. It states, in pertinent part that a waiver is required for any applicant who has received a conviction or other adverse disposition for a serious criminal misconduct offense. The evidence of record further shows that the applicant's enlistment document together with all allied documents including his approved waiver are correctly filed in the proper section of his OMPF.
ARMY | BCMR | CY2007 | 20070000602C071029
Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Paragraph 4-23b(2) of Army Regulation 600-20 states, in part, that a qualifying conviction is a State or Federal conviction for a misdemeanor crime of domestic violence. Paragraph 4-23d (1) of Army Regulation 600-20 states that enlistment of applicants with a qualifying conviction is prohibited and no...
USMC | DRB | 2009_Marine | MD0900013
- 20050427:ForNJP from violation of UCMJ Article (s) 86 and 91.- 20060320:Forcivilian conviction on 20060309.- 20060712: For pending administrative separation due to civil conviction on 20060309.NDRB Documentary Review Conducted (date): 20080509 NDRB Documentary Review Docket Number: MD08-00454 NDRB Documentary Review Findings: No change warranted Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period:...
USMC | DRB | 2009_Marine | MD0901915
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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.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...
NAVY | DRB | 2013_Navy | ND1301091
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...
USMC | DRB | 2011_Marine | MD1100627
The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the...
USMC | DRB | 2015_Marine | MD1500690
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...
NAVY | DRB | 2013_Navy | ND1300976
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...