Upgrade.Vet

NAVY | DRB | 2015_Navy | ND1500797

Original file (ND1500797.rtf) Auto-classification: Denied

ex-YN2, USN

Current Discharge and Applicant’s Request

Application Received: 20150304

Characterization of Service Received:

Narrative Reason for Discharge: CONCIENTIOUS OBJECTOR
Reenlistment Code:
Authority for Discharge: MILPERSMAN 1900-020

Applicant’s Request:     Characterization change to:
         Narrative Reason change to:
         Reentry Code change to: OR RE-R1

Summary of Service

Prior Service:
Inactive:        USNR (DEP)       19940531 - 19940920     Active: 19940921 - 19980920
         USNR (DEP)       20000727 - 20000730

Period of Service Under Review:

Date of Current Enlistment: 20000731     Age at Enlistment:
Period of Enlistment: Years Extension
Date of Discharge: 20040430      Highest Rank/Rate: YN2
Length of Service: Year(s) Month(s) 01 Day(s)
Education Level:         AFQT: 55
Evaluation Marks:        Performance: 3.7 (3)     Behavior: 3.3 (3)        OTA: 3.86

Awards and Decorations (per DD 214):     (2) (3) (2)

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), effective 22 August 2002 and Present, Article 1900-020, CONVENIENCE OF THE GOVERNMENT SEPARATION BASED ON CONSCIENTIOUS OBJECTION (ENLISTED AND OFFICERS).

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 contends that he has matured mentally since he applied for a conscientious objector discharge and feels that he was wrong to apply because he is not a conscientious objector to war in any form; therefore, requests a change in his narrative for separation along with a change in his reentry code so he can reenlist in the Navy reserve or join the National Guard.

Decision

Date: 20150520 Location: Washington D.C. Representation:

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall CONCIENTIOUS OBJECTOR.

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 NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. Based on the Applicant’s conscientious objector, command administratively processed for separation. On 10 September 2003, the Applicant submitted his request for designation as a conscientious objector. He certified that he read and understood the policy concerning conscientious objection dated on February 2004.

: (Decisional) () . The Applicant contends that he has matured mentally since he applied for a conscientious objector discharge and feels that he was wrong to apply because he is not a conscientious objector to war in any form; therefore, requests a change in his narrative for separation along with a change in his reentry code so he can reenlist in the Navy reserve or join the National Guard. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. The Board concluded the command acted appropriately, equitably, and properly in processing the Applicant for separation. The NDRB determined the Applicant’s narrative reason for separation is appropriate and shall remain as issued. Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. 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. Relief 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 remain HONORABLE and the narrative reason for separation shall remain CONCIENTIOUS OBJECTOR . 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: Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. 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 | 2008_Navy | ND0801739

Original file (ND0801739.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)20000929 - 20010214Active: Period of Service Under Review: Date of Enlistment: 20010215Period of Enlistment: YearsExtensionDate of Discharge:20050707Length of Service: Years Months03 DaysEducation Level: Age at Enlistment:AFQT: 31Highest Rank/Rate:MM3EvaluationMarks:Performance:3.0(1) Behavior:3.0(1)OTA: 3.00Awards and Decorations (per DD 214):(2) Periods of UA:...
NAVY | DRB | 2013_Navy | ND1301175

Original file (ND1301175.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends he was found guilty on the basis of hearsay evidence that would not have held up in a court-martial. Based on the offense committed by the Applicant, command administratively processed for separation. A preponderance of the evidence reviewed supports the conclusion that the Applicant committed a serious offense, that separation from the Naval Service was...
NAVY | DRB | 2003_Navy | ND03-00687

Original file (ND03-00687.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 980425 - 980616 COG Active: None Period of Service Under Review :Date of Enlistment: 980617 Date of Discharge:...
USMC | DRB | 2011_Marine | MD1100857

Original file (MD1100857.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. DEPARTMENT OF THE NAVYNAVAL...
NAVY | DRB | 2013_Navy | ND1301624

Original file (ND1301624.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20080227 - 20080922Active: Period of Service Under Review: Date of Current Enlistment: 20080923Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20121105Highest Rank/Rate:HNLength of Service:Year(s)Month(s) 14 Day(s)Education Level:AFQT: 49EvaluationMarks:Performance:3.1(7)Behavior:2.6(7)OTA: 3.0Awards and Decorations (per DD 214):Periods of...
NAVY | DRB | 2008_Navy | ND0800353

Original file (ND0800353.rtf) Auto-classification: Denied

Narrative Reason Change Decision Date: 20080314Location: Washington D.C Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall IN LIEU OF TRIAL BY COURT MARTIAL.Discussion Issue 1: The Applicant implies that he was treated unfairly by his command due to his Conscientious Objector request not being favorably considered. An upgrade to General under honorable conditions would be inappropriate.After a thorough review of the available evidence, to...
NAVY | DRB | 2014_Navy | ND1400602

Original file (ND1400602.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 | 2015_Navy | ND1500265

Original file (ND1500265.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant retired from service. ” 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 | 2015_Navy | ND1401618

Original file (ND1401618.rtf) Auto-classification: Denied

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 | 2015_Navy | ND1500483

Original file (ND1500483.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. By a vote of the Narrative Reason shall .By a vote of the Reenlistment Code 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. ” Additional Reviews : After a document review has been conducted, former...

Search Decisions

Decision Text

NAVY | DRB | 2015_Navy | ND1500797

Similar Decisions