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NAVY | DRB | 1999_Navy | ND99-00338
Original file (ND99-00338.rtf) Auto-classification: Denied


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

ex-FR, USNR
Docket No. ND99-00338

Applicant’s Request
The application for discharge review, received 990111, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Postservice Equitable SECNAVINSTR. 5420.174C. The applicant requested a personal appearance discharge hearing. The applicant did not list any representative on the DD Form 293.

 Decision

A personal appearance discharge hearing review was conducted in Washington, D.C. on 000510. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board found, however, that the applicant’s post service conduct warranted an upgrade. The Board’s vote was 3-2 that the character of the discharge shall change and unanimous that the reason shall remain the same. The discharge shall read: HONORABLE/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Applicant has sought to eliminate any alcohol consumption or drug use from his life and has sought and received the support of family, friends, professionals in both the medical and psychological fields. Applicant's abstinence is found in the periodic negative drug screens reported by tile Hinsdale Fire Department, and the Melrose Park Fire Department. It is further supported by Ills education techniques and image as a role model to teens in various community settings. Applicant has come to mature late and realize first hand the devastating effects of drug experimentation. Applicant has or will encounter in his EMS capacity many patients who have overdosed, and perhaps died. Applicant his revived several people from full cardiac arrest and one from insulin shock. Applicant has further come to realize the huge, and perhaps unnecessary, expenditure in governmental and community resources for rehabilitation of substance abusers. Applicant in the course of his EMS study and training has further gained an appreciation for the complexity and miracle of the way our human body functions and how its intertwined 613 organs and sinews work in perfect synchronization. Applicant in giving back to the community has volunteered over 1,000 hours of time on the ambulance at two local Fire Departments. Further, applicant has acquired a spiritual awareness supported by the teachings or his own religion of tile sanctity of the human body and spirit. Applicant has accordingly chosen a field of life long work which integrates these various concepts.

2. Applicant has engaged in both educational and philosophical discussions with his EMSS coordinator about tile subjects outlined above. She has come to get a sense for my enthusiasm and love for the field. See attached supporting letter. My most recent fire department and job performance evaluation attached demonstrate my ability to cope with stressful situations and support my life change experiences and my contribution to my community. I have determined that goofing off and horseplay (like my naval problems) are not rewarding. The way to fulfillment is study and meditation. I have applied this knowledge and graduated near the top of my paramedic class. I have determined to show each person I reach out to a general compassion and love of fellow man. See letter of appreciation of patient, C_ M_ to local newspaper.

3. Applicant has been able to overcome the negative impact of ADHD impulsively without resorting to prescriptions and medication by adhering to amore structured home setting. He has gained a closer relations with his parents and come to realize the value of their advice and counsel. In other words, applicant has started to bridge the generation gap. Applicant has been further able to develop more committed personal, calm relationships both with friends and significant others and in fact, is involved in an ongoing relationship with his girlfriend.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Newspaper clipping dated Wednesday, July 2/Friday, July 4, 1997
Copy of DD Form 214
Two pages from applicant's service record
Character reference dated July 25, 1997
Character reference dated May 13, 1998
College of DuPage transcript from dated Fall Quarter 1996
Copy of performance evaluation dated July 1, 1998
Copy of Combat Course Requirements
Outstanding Employee Certificate dtd 18 March 1998
Outstanding Employee Certificate dtd 04 Feb 1997
Letter of reference by Senior Paramedic Coordinator
Letter of reference from Melrose Park Fire Department dtd 2 Nov 1999
Good Samaritan Certificate
Superior Ambulance Service, Course completion certificate
Advanced Hospital Trauma Life Support Certificate
Emergency Medical Technician Certificate- State of Illinois
Loyola University Medical Center Ltr dtd 16 Dec 1997
Letter of Reference from J_ L. H_ dtd 8 May 2000
Letter of Reference from B_ C_ dtd 8 May 2000
Letter of Reference from S_ J. C_ dtd 8 May 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              931218 - 940524  COG

 Period of Service Under Review :
Date of Enlistment: 940525               Date of Discharge: 951208

 Length of Service (years, months, days):

         Active: 01 06 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950504:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 128:
         Specification 1: Unlawfully touch FR by jumping on him while he was laying in his rack on 28De94.
         Specification 2: Unlawfully touch FR by placing duct tape on his eyes and mouth and by taping together his arms and legs with duct tape on 16Feb95.
         Specification 3: On three occasions from on or about January 1995 until on or about 22 February 1995, unlawfully touch FR by taping together his arms and legs with duct tape.
         Charge II: violation of the UCMJ, Article 134.
         Specification: Disorderly conduct by beating on the door with his fist for approximately 5 to 10 minutes.
         Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: Fine of $250.00 per month for 6 months, confinement for 60 days, red to FR.
         CA 950615: Sentence approved and ordered executed.
        
950504:  Applicant found fit for confinement.

950517:  NAVDRUGLAB Jacksonville, FL, reported applicant’s urine sample, received 950508, tested positive for THC.

950921:  NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized absence from 1300, 22Aug95 to 1230, 23Aug95, 24Aug95, 1300, 28Aug95 to 0715, 29Aug95 and 1245, 29Aug95 to 0630, 30Aug95, violation of UCMJ Article 92 (6 specs): Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer on 1030, 23Aug95 was disrespectful in language and deportment, violation of UCMJ Article 112A: Wrongful use , possession, etc of controlled substances, violation of UCMJ Article 134: False or unauthorized pass offenses on 15Sep95, wrongfully possess with intent to deceive another's naval military ID card.
         Award: Forfeiture of $478.80 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
951019:  Psychiatric evaluation: Axis I: attention deficit disorder, conduct disorder. R/O alcohol abuse. Recommendations: 1. Strongly recommend administrative defect per NAVMILPERSMAN 3620200 paragraph 1g. Pt has a long history of attention deficit disorder which meets the definition of developmental defect and which makes successful adaptation to the Navy highly unlikely. 2. Ritalin 20 mg SR qAM. 3. stress management and anger management classes, 4. Return to clinic11/2/90, 5. Advised to abstain from alcohol. Plan discussed with pt who agreed.
951102:  Psychiatric: A: Good initial response to Ritalin. P: 1. Continue Ritaling SR, 2. Smoking cessation class, 3. stress management class (if not available at FSC, then at LR MHU), 4. RTC 16Nov95.
951109:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
951122:  NJP for violation of UCMJ, Article 86 (7 specs): Unauthorized absence 1600, 13Nov95 to 0715, 14Nov95 and 1600, 17Nov95 to 1230, 20Nov95, absent from appointed place of duty 1700, 28Sep95, 0715, 24Oct95, 1700, 16Oct95, 1700, 17Oct95 and 1600, 21Nov95, violation of UCMJ, Article 91 (6 specs): Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer on 27Sep95, 28Sep95, 11Oct95 and 10Oct95, was disrespectful in language; violation of UCMJ, Article 92 (3 specs): Failure to obey order or regulation on 23Oct95 and 10Oct95, violation of UCMJ, Article 128: Assault on 11Oct95, violation of UCMJ, Article 134: Break restriction.
         Award: Forfeiture of $427.20 per month for 2 months, restriction and extra duty for 45 days. Restriction suspended for 3 months. No indication of appeal in the record.
951122:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
951130:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a commission of a serious offense, and has a attention deficit disorder and by a vote of 2 to1 has not committed misconduct due to drug abuse that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

951210:  Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense, and convenience of the government due to attention deficit disorder .

980504:  NDRB documentary record review Docket Number ND97-00933 conducted. Determination: discharge proper and equitable; relief not warranted.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951208 general (under honorable conditions) misconduct due to commission of a serious offense (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 Based on a review of the applicant’s entire service record and evidence presented to the board, most notably an outstanding record of post service conduct, the board has determined that equitable relief is appropriate in this case.

The NDRB found that the reason for discharge shall remain the same.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that 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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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