Upgrade.Vet

NAVY | DRB | 2014_Navy | ND1400389

Original file (ND1400389.rtf) Auto-classification: Denied

ex-BM2, USN

Current Discharge and Applicant’s Request

Application Received: 20131224

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)        19810702 - 19810704     Active:          19810705 - 19850706
         (DEP)   19850918 - 19851003                        19851004 - 19880108
                                             20060706 - 20070823
                  20070824 - 20080101

Period of Service Under Review:
Date of Current Enlistment: 20080102     Age at Enlistment: 45
Period of E nlistment : Years Extension
Date of Discharge: 20131113      Highest Rank/Rate: BM2
Length of Service: Y ear( s ) M onth( s ) 12 D a y ( s )
Education Level:        AFQT: 48 / 66
Evaluation M arks:         Performance: 4.0 ( 5 )      Behavior: 3.2 ( 5 )        OTA: 3.57

Awards and Decorations (per DD 214) :      Rifle Pistol NEM (2) (2) (3) AFRM WITH “M” DEVICE OSR

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 26, effective 3 April 2009 until Present, MILPERSMAN Article 1910-158, SEPARATION BY REASON OF UNSATISFACTORY PARTICIPATION IN THE READY RESERVE.

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 he requested to go to the I ndividual Ready Reserve (I RR ), but his command did not turn in the paperwork.
2.       The Applicant contends he was not properly notified of administrative separation, and he has served honorably and faithfully .

Decision

Date: 20140702             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. The Applicant’s record of service included no NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. However, the record shows the Applicant missed 12 drills that were considered unexcused absences from June to August 2013. Based on the Applicant ’s unsatisfactory participation , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant failed to respond , which constituted waiving of rights to consult with a qualified counsel, submit a written statement, and request an administrative board .

: (Decisional) ( ) . The Applicant contends he requested to go to the IRR , but his command did not turn in the paperwork. The Applicant further contends that he was counseled on 03 June 2013 on his transfer to the IRR. However, th e counseling sheet that he provided shows that the Applicant signed and acknowledged the following statement, “I understand that failure to complete my mandatory drilling obligation will result in removal of recommendation for future affiliation into the Navy Reserve. ” The NDRB 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. There is no record that the Applicant was actually transferred to the IRR , and the Applicant’s own statements indicate that his transfer was never approved by proper channels . The request chit of 3 February 2013 does not contain an approval signature. The record also does not indicate that t he Applicant was absolved from his obligation to attend his drill periods. Therefore, the NDRB must presume regularity in government affairs. Relief denied.

: (Decisional) ( ) . The Applicant contends he was not properly notified of administrative separation, and he has served honorably and faithfully. The Applicant further contends that his soon to be ex-wife resided at his permanent residence , and she did not relay any material to him or his lawyer. The Applicant bears the responsibility to ensure that his contact information is correct and up to date. The record shows the Applicant’s command mailed his notification of processing on 14 September 2013 with a return receipt requested. The notification was returned due to being unclaimed. This failure to respond constituted the waiving of his rights to an administrative board. Despite his previous honorable service, the Applicant met the requirements for separation, and the N DRB discerned no impropriety or inequity in the discharge process. 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 | 2014_Navy | ND1401649

Original file (ND1401649.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change to his RE-code.2. The Applicant contends he was wrongly discharged from a drilling status.The Applicant contends he was either present for the annotated missed drills or they were authorized absences. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...
NAVY | DRB | 2012_Navy | ND1200038

Original file (ND1200038.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20010731 - 20011104Active: 19920113 - 19980117 HON Period of Service Under Review: Date of Current Enlistment: 20011105Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20051223Highest Rank/Rate:BM2Active: Length of Service:YearMonths24 DaysInactive: Length of Service:Years Months24 DaysEducation Level:AFQT:...
NAVY | DRB | 2015_Navy | ND1501140

Original file (ND1501140.rtf) Auto-classification: Denied

Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. Therefore, the awarded characterization of service shall remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain UNSATISFACTORY PARTICIPATION. ” Additional Reviews : After a document review has been...
NAVY | DRB | 2014_Navy | ND1400825

Original file (ND1400825.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 included12 periods of unexcused absences from required Navy Reserve drills in a 12-month period during 2011. ” Additional Reviews : After a document review has...
NAVY | DRB | 2010_Navy | ND1001195

Original file (ND1001195.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:NONE Active: Period of Service Under Review: Date of Current Enlistment: 20020228Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20050330Highest Rank/Rate:SNLength of Service: Inactive: Year(s)Month(s) 20 Day(s) Active Year(s)Month(s) 13 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:3.0(2)Behavior:3.0(2)OTA: 3.00Awards and...
USMC | DRB | 2014_Marine | MD1401257

Original file (MD1401257.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. Additionally, the NDRB has no authority to upgrade a...
NAVY | DRB | 2011_Navy | ND1101119

Original file (ND1101119.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...
USMC | DRB | 2010_Marine | MD1001420

Original file (MD1001420.rtf) Auto-classification: Denied

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 . ” 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...
NAVY | DRB | 2013_Navy | ND1301785

Original file (ND1301785.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks to have his RE-code changed.2. 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...
NAVY | DRB | 2013_Navy | ND1300787

Original file (ND1300787.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:HONORABLE W/O MODIFICATIONS Summary of Service Prior Service: Inactive:NONE Active: Period of Service Under Review: Date of Current Enlistment: 20050110Age at Enlistment:39Period of Enlistment: YearsExtensionDate of Discharge:20090514Highest Rank/Rate:BM2Length of Service: Inactive: YearsMonth15 Days Active YearMonths19 DaysEducation Level:AFQT: 98EvaluationMarks:Performance:3.7(3)Behavior:3.3(3)OTA: 3.36Awards and...

Search Decisions

Decision Text

NAVY | DRB | 2014_Navy | ND1400389

Similar Decisions