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NAVY | DRB | 1999_Navy | ND99-00552
Original file (ND99-00552.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00552

Applicant’s Request
The application for discharge review, received 990315, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000323. 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’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “3620225” vice “3610220”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. As of one week before my last exam and graduation, when I was involved in a near-fatal traffic accident, my class grade at Naval Hospital Corps School, Great Lakes, was 93.75%. This is documented through the enclosed material, which was provided to me by the corps School. I was told, at the time I was given orders the Naval Hospital in Bremerton, that I ranked 4 th in my class. Because I was not able to complete the last examination, my record does not indicated that I completed Corpsman training or even underwent the program. Until the accident, I believe that my Navy progress and record were excellent.

2. Due to the time required by Illinois civil authorities to process the accident, I was placed on legal hold at Great Lakes for about a year. However, no legal action was initiated by the Navy in connection with the accident. I performed various maintenance duties on the Base. During this period, I underwent one Article 15 Non-Judicial Punishment connected with covering a smoke detector in my room while smoking a cigarette. I was given 45 days restriction to Base, 45 days extra duty and loss of ½ of pay for two months. My record should reflect no other disciplinary action during my active duty period.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of CO, NHCS' letter to Parents dated 30 Oct 95
Rehabilitation Achievement Center's letter dated Feb 6, 1996 (6 pages)
Applicant's Resume
Certificate of Certification as an Emergency Medical Technician - Basic with expiration date of 5/13/02
Colorado State Board of Nursing Certificate, for Nurse Aide Competency Eval, issued Aug 20, 1998, Expiration Date of 01/31/99
Certification of Course Completion for Emergency Medical Technician, North Suburban Medical Center & Colorado Assoc of Paramedic Ed
PreHospital Trauma Life Support Certificate dtd 12/12/99
Letter of Recommendation concerning in-home care from J_ W_ dated Jun 26, 99
Letter of Employment from E_ O_, Sunrise Bear Creek, dtd Mar 4, 99
Applicant's Curriculum & Grades as of 12/12/95, Navy Basic Corpsman School (18 pages)
Applicant's Updated Resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940621 - 950523  COG

 Period of Service Under Review :
Date of Enlistment: 950524               Date of Discharge: 961105

 Length of Service (years, months, days):

         Active: 01 05 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 81

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 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)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

 Chronological Listing of Significant Service Events :
[NO MEDICAL INFORMATION CONCERNING PERSONALITY DISORDER DIAGNOSIS.]


 951030:  CO, NavHosp Corps School advises applicant's parents that their son involved in very serious motor vehicle accident last night. [Information provided by applicant.]

951122:  Admitted to the Rehabilitation Achievement Center. [Information provided by applicant.]

951213:  NavHosp Great Lakes, IL (Orthopedic Clinic): Ordered a Left Clavicle AP & Blowout Series. Result: Abnormal, no attention needed. Impression: Healing fracture of the left clavicle.

9601XX:  Branch Medical Clinic, NavHosp, Great Lakes: Alcohol and Drug Evaluation Interview. This 19 year old male active duty Seaman Recruit with8 months of active service referred for alcohol eval because of fatal motor vehicle accident while drinking. First used alcohol at age 15; first got drunk at age 16; admits to being drunk 5-10 times in the last 12 mos. Pt states he usually drinks 3-4 drinks two times per month. No blackouts, DT's/shakes and does not drink to relieve hangover. Does report to duty/work while drunk or with a hangover. Alcohol legal problems: 1993, 1994 - underage drinking times 2 and in 1995 - vehicular homicide (DUI). Related medical problems - multiple severe injuries. Previous alcohol education/treatment: MADD classes. Pt has also rockclimbed & snow skied while drinking.
         Used drugs (marijuana 5 times) prior to enlistment and got drug waiver, but not used since enlistment. Does not appear to have any personality disorder or mental condition or history of suicidal ideation, gesture, or attempt. Impression: Alcohol Abuse. Recommendation: Level 2 (CAAC). NOTE : DAPA & Medical officer notes arrived with envelopes torn apart. Pt may be understating actual amount or frequency of alcohol use based on number & severity of alcohol incidents. Will reeval if needed.

960730:  Medical Clinic: Pt 20 year old male to clinic for torn muscle in left arm. Pt was lifting weights in gym and felt "pop" in muscle. Has increased soreness with heavy lifting. Spends day doing odd jobs and some heavy lifting. Assessment: Muscle strain.

960826:  NJP for violation of UCMJ, Article 86: unauthorized absence; violation of UCMJ Article 92 (4 Specs): wrongfully smoking and consuming alcohol in BEQ 219-H, consuming alcohol in BEQ, 2 specs of underage drinking; violation of UCMJ Article 109: damage an ironing board by writing on it.
         Award: Forfeiture of $408 per month for 2 months, restriction and extra duty for 45 days, oral reprimand. No indication of appeal in the record.


961105:  Naval Hospital Corps School Great Lakes service record entries indicates applicant discharged, medical dental health treatment records were forwarded to the Department of Veterans Affairs in St. Louis, MO, applicant not eligible for reenlistment due to Personality Disorder and applicant signed entry acknowledging the ineligibility for reenlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 961105 with a general (under honorable conditions) by reason of personality disorder. (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).

In response to applicant’s issues 1 and 2, the NDRB found the applicant has not provided enough information for the Board to make a determination concerning his case. In light of this, the Board must assume regularity in government affairs and deny relief at this time. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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, DC 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 St SE Rm 309
                  Washington, DC 20374-5023       


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