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Docket No. ND02-01130

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

ex-EM3, USN
Docket No. ND02-01130

Applicant’s Request

The application for discharge review, received 020801, requested that the reason for discharge be changed to Convenience of Government.  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 030515.  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 reason for discharge shall not change.  The discharge shall remain: HONORABLE/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I was separated for weight control reasons, at this time I was told that I would still be eligible for the G.I. Bill.  The Department of Veteran Affairs has denied my claim due to my discharge.  Please change my DD214, Reason for Discharge from for weight control failure to Convenience of the Government.  This is solely to receive the G.I. Bill benefits that I paid for.  Thank You.

Applicant indicated he listed additional issues as an attachment to application.  None were attached.

Documentation

Only the service and medical records reviewed, as the Applicant did not provide additional documentation for the Board to consider.

Department of Veterans Affairs, to Applicant, dated Jul 23, 2002, providing the DD Form 293 to the Applicant

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	950221 - 950314	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  950315		Date of Discharge:  980310

Length of Service (years, months, days):

	Active:    02  11  26
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 (24 months extension)

Education Level:  13½		AFQT:  78

Highest Rate:  EM3

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

*No Marks found in service record.

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

HONORABLE/WEIGHT CONTROL FAILURE, authority:  NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

Chronological Listing of Significant Service Events:

950221:	Applicant reported to Recruit Training Great Lakes.  Enlistment Physical Examination Report:  Reported HT – 74," WT - 247 lbs.- overweight by 26 lbs, body fat - 22%.  

950315:	Body Fat Worksheet:  Applicant measured 22% body fat.  22% maximum allowed at time of enlistment.  Applicant passed Body Fat.

950315	Applicant signed 24 months extension to 4-year enlistment contract.

950317	Applicant signed Montgomery GI Bill document DD Form 2366, which states service members [with the initial terms of Applicant’s enlistment] must receive an HONORABLE discharge and must complete 36 months of active duty service before being entitled to the current rate of monthly benefits for a period of 36 months.

950630:	Naval Hospital:  22 year old male complains of pain left knee.  Fell on knee last p.m.  
	Assessment:  Left knee and ankle contusion
	Plan:  1) Motrin 800 mg, 2) no P.T for 7 days, 3) return as needed.

960125:	Nuclear Power School Medical:  Member fit for command directed remedial fitness program.  No health risk factors.  24% body fat.

960517:	Medical eval:  Weight management class:  Referred by command due to above standards in % body fat. Eating history no breakfast, usually eats lunch.  Dinner is main meal - has dinner every day.  Exercise History - currently remedial PRT 4 times week, mix of aerobic & calisthenics. States runs approximately 30 minutes during PRT 4 times week.  Is also in the softball team.  Before remedial PT adds he was exercising about the same.  Continues to WT train at least twice a week for 1 hour.  Has about 4 weeks of NPS left.  Goals "lost fat around my waist" concern "being in & out of remedial PRT doesn't look good for my career."  
	Observation:  23 year old male, HT – 74," WT - 247 lbs, % BF - 23%.
	Assessment:  Knowledge deficit regarding nutrition as related to % BF.  Pt understands importance of exercise as related to physical fitness.
	Plan:  1) Start eating 3 meals a day especially breakfast.  2) Decrease fat intake.  Increase amount of fiber, start with at least 2 fruits and 3 vegetables per day.  3) Continue with exercise routine may want to add other aerobic activities types.  4) Importance of five food groups reviewed & Pt encouraged to more choices regarding fat content in foods.  5) Follow-up wellness clinic on 31 May 96 and as needed.  

960531:	Weight management follow-up:  Pt has done some behavior modifications trying to eat meals during day vs late at night, still doesn't have time to eat breakfast but is trying to get a mid morning snack on most days which consist of bagel or pastry.  States he feels a lot better.
	Plan:  1) try to eat breakfast especially once gets situated at next duty station, be careful with pastries, as many of them are high in fat.  Choose foods low in fat to help you lost body fat.  2) Continue with aerobic activity exercise and weight training.  3) Follow-up with nutritionist/dietician in Charleston when arriving there.  

970205	Applicant reported to USS Abraham Lincoln (CVN 72).

970418:	Counseling:  Applicant advised that he failed the Apr 1997 physical readiness test by failing to meet the body fat standards.  This is considered second failure.  Placed on a mandatory remedial fitness program.  Sources of assistance included.  Advised if after the third failure in a four-year period, he will be processed for administrative separation.

971015:	Risk Factor Screening/Physical Readiness Test Results:  Reported HT – 74," WT - 268 lbs, Body fat - 26%.  Did not take PFT due to body fat - Failed.

971130:	Counseling:  Applicant advised that he failed the Oct 1997 physical readiness test by failing to meet the body fat standards.  This is considered third failure.  Placed on a mandatory remedial fitness program.  Sources of assistance included.  Advised if this is the third failure in a four-year period, he will be processed for administrative separation. 

980109:	Medical Record entry this date states:  Applicant participated in low fat/low cholesterol, calorie counting nutritional class as required by placement on the Remedial PRT Program.  Notified of corrective actions and assistance available.

980116:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of weight control failure as evidenced by Risk Factor Screening/Physical Test Results.

980116:	Applicant advised of rights, elected to waive all rights.

980218:	Medical Dept:  Pt presents for follow-up for right ankle strain.  Pt is on crutches and has splint in place.  Given Motrin and follow-up 19 Feb 98.

980411:	Commanding Officer, USS ABRAHAM LINCOLN (CVN-72) directed the Applicant's discharge with an Honorable by reason of weight control failure due to not meeting the prescribed physical readiness standards.  Commanding Officer’s comments (verbatim):  "EM3 Z_ (Applicant) has failed to meet the Physical Readiness Standards three times.  His last failure was 15 Oct 97.  EM3 Z_ (Applicant) was counseled on the consequences of continued PRT deficiencies, but failed to meet Navy standards.  Per reference (a), I authorize that he be separated from the naval service by reason of weight control failure, and this his discharge be characterized as Honorable."
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980310 with an Honorable discharge for weight control failure due to not meeting the prescribed physical readiness standards (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

Issue 1:  The Veteran’s Administration determines eligibility for post-service benefits not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veteran’s benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Relief denied.

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.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 12 Dec 97 until 31 Aug 98, Article 1910-170, SEPARATION BY REASON OF WEIGHT CONTROL AND/OR PHYSICAL READINESS TEST FAILURE. 

B.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 18, effective
12 Dec 97 until present, Article 6110-010, HEALTH AND PHYSICAL READINESS PROGRAM.

C.  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.  

D.  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.

E.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil” 

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A1300/A9445