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NAVY | DRB | 2015_Navy | ND1401541
Original file (ND1401541.rtf) Auto-classification: Denied

ex-EM3, USN

Current Discharge and Applicant’s Request
Application Received: 20140808
Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason for Discharge: (per DD 214) CONDITION, NOT A DISABILITY
Authority for Discharge: (per DD 214) MILPERSMAN 1910-120 [CONDITION, NOT A DISABILITY]

Applicant’s Request:     Characterization change to:      HONORABLE
         Narrative Reason change to:      SECRETARIAL AUTHORITY
        
Summary of Service

Prior Service:
Inactive:        USNR (DEP)       19960523 - 19960625 COG         Active:  NONE

Period of Service Under Review:

Date of Current Enlistment: 19960626    Age at Enlistment: 17 (PARENTAL CONSENT)
Period of Enlistment: 4 Years 24 MONTHS Extension
Date of Discharge: 19990805     Highest Rank/Rate: EM3
Length of Service: 03 Year(s) 01 Month(s) 10 Day(s)
Education Level: 12     AFQT: 87
Evaluation Marks:        Performance: NFIR        Behavior: NFIR  OTA: NFIR

Awards and Decorations (per DD 215):     SSDR NAVY "E" AFEM NUC COLoC

Periods of UA: 19981002 0700-0830, 19981015 0700-0830, 19981016 0700-0930. CONF: NONE

NJP: NONE        SCM: NONE       SPCM: NONE      CC: NONE         Retention Warning Counseling: NONE

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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 1999 until
27 August 2001, Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part IV, Para 403m(7)(b), Presumption Concerning Court-Martial Specifications.

A. A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 1999 until
27 August 2001, Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part IV, Para 403m(7)(b), Presumption Concerning Court-Martial Specifications.


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

Applicant’s Issues

1. The Applicant desires a change to his DD214 to add his Good Conduct Medal.
 2 . The Applicant contends that the discharge does not appropriately reflect his three years of faithful and honorable service.
 3 . The Applicant contends that his fourteen years of post-service accomplishments warrant an upgrade.

Decision

Date: 20150406   PERSONAL APPEARANCE HEARING      Location: Washington D.C.        Representation: NONE

By a vote of 3-2 the Characterization shall change to HONORABLE .
By a vote of 5-0 the Narrative Reason shall remain CONDITION, NOT A DISABILITY .
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 his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The Applicant’s record of service did not contain any NJPs, court martials, civil offenses or retention warnings. However, there were three periods of unauthorized absence for several hours each documented during October 1998. A Medical Evaluation Board found the member was fit for duty and subsequently the Applicant exercised his option to voluntarily separate as indicated by the separation code of KFV. His command administratively processed him for separation. The NDRB did not have the Applicant’s administrative separation package.

Issue 1: (Nondecisional) The Applicant desires a change to his DD214 to add a Good Conduct Medal to his awards. The Applicant’s service record does not indicate the award of the Good Conduct Medal (GCM). The record indicates no disciplinary actions during his period of continuous service; however, pursuant to SECNAVINST 1650.1H, awarding of the GCM is also dependent on performance marks/traits during the period in question. The Applicant’s service record does not contain any performance reports to validate whether or not the Applicant received a negative rating of 2.0 on any of his performance reports. Consequently, there was insufficient evidence for the NDRB to change the Applicant’s DD214 to add a Good Conduct Medal to his awards. If the applicant has the performance records to justify his eligibility for a Good Conduct Medal, the Applicant should consider petitioning the Board for Correction of Naval Records (BCNR) for a determination of his eligibility. The Applicant (using DD Form 149) may file the petition with BCNR, at 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490. Their website can be found at http://www.donhq.navy.mil/bcnr/bcnr.htm.
Issues 2-3: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends that the discharge does not appropriately reflect his three years of faithful and honorable service and that, combined with his fourteen years of post-service accomplishments, warrants an upgrade. The Applicant submitted in-service certificates of training and awards and post-service documentation for his accomplishments as an owner and managing partner with Absolute Computer Solutions, LLC. He included three letters of reference from employers and coworkers. He also completed an Undergraduate Diploma in Advanced Computing from Oxford University, as well as other certificates of training and medical records. The record shows the Applicant had no disciplinary actions or other significant negative aspects that would have warranted a General (Under Honorable Conditions) characterization. The NDRB determined the quality of the Applicant’s service met the standards of accepted conduct and performance of duty for military personnel, and it is appropriate to characterize that service as Honorable. After a careful review of the Applicant’s post-service documentation and official service records, and taking into consideration his testimony, and the facts and circumstances unique to this case, the NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. By majority rule, the NDRB voted to upgrade the Applicant’s discharge to Honorable; by unanimous vote, the narrative reason for the discharge, Condition Not a Disability, shall remain as issued. 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 but not equitable at the time of discharge. Therefore, the awarded characterization of service shall change to HONORABLE, but the narrative reason for separation shall remain
CONDITION, NOT A DISABILITY.

The Applicant is not eligible for further reviews by the NDRB. The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149. Their website can be found at http://www.donhq.navy.mil/bcnr/bcnr.htm. 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

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