Upgrade.Vet

NAVY | DRB | 2014_Navy | ND1400841

Original file (ND1400841.rtf) Auto-classification: Denied

ex-EM3, USN

Current Discharge and Applicant’s Request

Application Received: 20140401

Characterization of Service Received:

Narrative Reason for Discharge:

Authority for Discharge : M ILPERSMAN

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

Summary of Service
Prior Service:
Inactive:         US N R (DEP)        20080927 - 20090627     Active:

Period of Service Under Review:
Date of Current Enlistment: 20090628     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20130222      Highest Rank/Rate: EM3
Length of Service: Y ear( s ) M onth( s ) 26 D a y ( s )
Education Level:        AFQT: 66
Evaluation M arks:         Performance: 3.0 ( 6 )      Behavior: 2.5 ( 6 )        OTA: 3.0

Awards and Decorations ( per DD 214):      Pistol

Period of T ime Lost : 20110207 - 20110210 , 4 days

NJP :
- 20110216 :      Article (Absence without leave)
         Awarded: NFIR Suspended: NFIR
         [Extracted from Evaluation and Counseling Record dated 20110323]

S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20121026 :       For inability to perform duties assigned and/or unavailable for worldwide assignment or deployment due to child care.

- 20121128 :       For inability to perform duties assigned and/or unavailable for worldwide assignment or deployment due to child care.

- 20121130 :       For inability to perform duties assigned and/or unavailable for worldwide assignment or deployment due to child care.

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 :

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. The Applicant contends he served honorably, and the person completing his DD Form 214 did not understand the discharge process and likely completed the form incorrectly.

Decision

Date : 20 1 4 0826 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 discharg e 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 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 NAVP ERS 1070/613 (Page 13) warnings and for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave ) . Based on the Applicant’s inability to perform duties assigned and his unavailability for worldwide assignment or deployment due to child care , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel and submit a written statement .

: (Decisional) ( ) . The Applicant contends he served honorably, and the person completing his DD Form 214 did not understand the discharge process and likely completed the form incorrectly. A review of the Applicant’s records shows that he was notified of administrative discharge processing for his failure to maintain a Family Care Plan and that the least favorable characterization of service could be General (Under Honorable Conditions). The Applicant acknowledged this, in writing, on 23 January 2013. On 28 January 2013, however, the Applicant’s commanding officer recommended to the Separation Authority (Commander, Navy Personnel Command) that he receive an Honorable discharge. Commander, Navy Personnel Command, however, determined to discharge him with a General characterization of service. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. The NDRB voted unanimously to upgrade the characterization of service to Honorable. Relief granted.

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.

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 33, effective 4 August 2010 until Present, Article 1910-124, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PARENTHOOD.

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 .

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 | 2013_Navy | ND1300710

Original file (ND1300710.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on the offense committed by the Applicant, command administratively processed for separation. ” 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.
NAVY | DRB | 2004_Navy | ND04-00688

Original file (ND04-00688.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In addition to that mistake or however it is stated I find that although I completed the terms of my contract to receive my Navy collage fund I am unable to get it due in addition to the under honorable conditions in my dd214. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.
NAVY | DRB | 2010_Navy | ND1000964

Original file (ND1000964.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. The NDRB voted unanimously...
ARMY | BCMR | CY2014 | 20140019673

Original file (20140019673.txt) Auto-classification: Denied

On 9 April 1996, the applicant's commander recommended he be separated from the military service prior to his ETS for the same reasons as discussed in the previous paragraph. He requested consideration of his case by an administrative separation board and to appear before such board. Army Regulation 635-5 (Separation Documents), as in effect several years after the applicant's discharge, provided that Soldiers who have previously reenlisted without being issued a DD Form 214 and are...
NAVY | DRB | 2005_Navy | ND0500477

Original file (ND0500477.rtf) Auto-classification: Denied

The Applicant requests the reason for the discharge be changed to “from KDG to KDH Hardship.” The Applicant requests a documentary record review. ET3 B_ (Applicant)’s mother is already caring for 2 of her own children in addition to ET3 B_ (Applicant)’s child. The summary of service clearly documents that parenthood was the reason the Applicant was discharged.
NAVY | DRB | 2009_Navy | ND0902494

Original file (ND0902494.rtf) Auto-classification: Denied

Based on the Applicant’s in-service performance, the NDRB determined the awarded characterization of service was inequitable and by majority rule voted to upgrade the discharge characterization to Honorable.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 .The Applicant...
NAVY | DRB | 2011_Navy | ND1100341

Original file (ND1100341.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 | 2004_Navy | ND04-00139

Original file (ND04-00139.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Chronological Listing of Significant Service Events : 880702: Extended enlistment for 34 months.900911: Dependent Care Certificate: Applicant signed the certificate stating “I cannot comply” with the Navy's policy for dependent care.900911: Retention Warning: Advised of deficiency (cannot designate any persons to care for your dependents in order to maintain availability to...
USMC | DRB | 2009_Marine | MD0902121

Original file (MD0902121.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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.
USMC | DRB | 2010_Marine | MD1002249

Original file (MD1002249.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...

Search Decisions

Decision Text

NAVY | DRB | 2014_Navy | ND1400841

Similar Decisions