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Docket No. ND05-01508

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

FOR OFFICIAL USE ONLY

 ex-OS3, USN
Docket No. ND05-01508

Applicant’s Request

The application for discharge review was received on 20050912.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060614.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the discharge shall change but that the reason for discharge shall remain the same.  The discharge shall be changed to:  HONORABLE/OTHER PHYSICAL, MENTAL CONDITIONS-OBESITY, authority: MILPERSMAN 36220200, Separation Code “JFT.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and/or attached document/letter:

“Dear Review Board.

I am writing to you concerning the type of discharge I received.  My discharge was inequitable because of one isolated incident in the 7 years I was in the navy with no other adverse action.  I was discharged due to my weight, in or around 1988 my apartment had a power outage and I had the wrong alarm clock and missed ships movement.  My ship was going out for a 3-hour test; I waited for the ship to return and reported in when I should have reported to another ship on the dock.  The ships captain gave me 5 days extra duty to teach me a lesson. I now realize my stupidity in not staying in shape and wish for my general under honorable discharge to be changed to honorable so that I may go back in the service to proudly finish my service to my country.  I now have my weight in control and will keep it in control for the rest of my military life. Please do not deny me this honor, and privilege.

Sincerely, J_ A. H_(Applicant)
Signature
[signed]”

Representative submitted no issues.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Two pages from Applicant’s service record
Letter from Member of Congress, dtd August 8, 1991

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19851018 - 19860210	COG
	Active:   USN	19860211 - 19890209	HON

Period of Service Under Review:

Date of Enlistment:  19890210		Date of Discharge:  19930521

Length of Service (years, months, days):

	Active:    04  03  12
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  23

Years Contracted:  6

Education Level:  12				AFQT:  44

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.4 (5)			Behavior:  3.7 (5)		OTA:  3.56

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal; Sea Service Deployment Ribbon (2ND award); Navy Unit Commendation; Southeast Asia; Navy Expeditionary Medal

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - obesity, authority:  MILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events: 

890210:	Reenlisted this date for a term of 6 years.

900630:	NAVPERS 1070/613 Administrative Remarks:  Applicant signs the following statement:  “I acknowledge having reviewed my Enlisted Performance Evaluation Report for the period of 89JUL01 to 90JUN30 which has been referred to me because of derogatory comments.  I understand that this evaluation will be included in my official personnel record and that I may make a statement.  It is my desire (to make a statement) (not to make a statement) concerning my adverse evaluation report.”  

900810:	Applicant advised that he failed to meet the physical readiness standards of OPNAVINST 6110.1D due to failing the official PRT/failing to participate in the official PRT.  Enrolled in the command’s Physical Conditioning Program.  Advised if after the third consecutive failure, that he may be separated from the Naval Service.

910506:	NAVPERS 1070/613 Administrative Remarks:  Applicant signs the following statement:  “I acknowledge having reviewed my Enlisted Performance Evaluation Report for the period of 90JUL01 to 91APR15 which has been referred to me because of derogatory comments.  I understand that this evaluation will be included in my official personnel record and that I may make a statement.  It is my desire not to make a statement concerning my adverse evaluation report.”  

9201XX:*	Applicant assigned to the Mandatory Exercise Program for a period of 6 months, starting in Jan 92.  (* No “day” provided on document).

920305:	Branch Medical Clinic, San Diego, CA
	Assessment: Obese 26%.
	Plan:  To command fitness coordinator for weight reduction literature.  Recommend participation in command remedial PRT-Level I.

920311:	Counseling: Applicant advised that he failed to meet the physical readiness test by failing the PRT for the 1 consecutive time and assigned to the Command’s Level I (remedial) Mandatory Exercise Program for the current PRT cycle until he can achieve the minimum physical readiness standards.  Applicant advised of the administrative and statutory action required for members who fail the PRT or fail to participate when required.  Applicant advised that if he fails the PRT three consecutive times that he will not be frocked nor eligible for reenlistment and that he may be separated from the Naval Service.

920311:	Counseling: Applicant advised that he failed to meet the physical readiness standards of OPNAVINST 6110.1 (Series), due to obesity 1 Cycle.  Applicant acknowledges the following entry by signature: “I have been examined by a medical officer and have no medical conditions that preclude me from meeting prescribed standards.  I am assigned to the Command Level 1(remedial) Mandatory Exercise program until I can achieve minimum physical readiness standards.  Advised if after the third consecutive failure, I may be separated from the Naval Service”.

920320:	Applicant assigned to command directed Physical Training Program starting 930401.  You have failed to meet Navy physical readiness standards in the following areas:
(a) Body Fat:  25%.  Date:  12Feb92.  Category:  Overfat
(b) 1.5 mile run
Applicant required to attend at least one nutritional counseling session per quarter.  Failure to comply with any aspect of the Command Directed Physical Training will constitute grounds for disciplinary action and possible administrative separation processing.

921009:	Applicant advised that he failed to meet the physical readiness standards of OPNAVINST 6110.1D due to obesity 1 cycle.  Applicant acknowledges the following entry by signature:  “I have been examined by a medical officer and have no medical conditions that preclude me from meeting prescribed standards.  I am assigned to the Command Level 1(remedial) Mandatory Exercise program until I can achieve minimum physical readiness standards.  Enrolled in the command’s Physical Conditioning Program.  Advised if after the third consecutive failure, I may be separated from the Naval Service”.

930111:	Naval Medical Clinic, San Diego, CA, Branch Clinic
	Assessment:  Obese 26%.  Plan:  Recommend participation in command remedial PRT-Level I.

930301:	Counseling: Applicant advised that he failed to meet the physical readiness standards of OPNAVINST 6110.1 (Series), due to obesity 00 Feb 93 cycle.  Applicant was examined by a medical officer and has no medical conditions that preclude him from meeting prescribed standards.  Applicant assigned to the Command Level 1(remedial) Mandatory Exercise program until he can achieve minimum physical readiness standards.  Advised if after the third consecutive failure, he may be separated from the Naval Service.

930330:	Applicant assigned to command directed Physical Training Program starting 930401.  You have failed to meet Navy physical readiness standards in the following areas:
(a) Body Fat:  30%.  Date:  Feb 93. Category:  Obese-2
(b) Curl-ups, Push-ups, 1.5 mile run, 500 yard swim.
Applicant required to attend at least one nutritional counseling session during the PRT cycle.  Failure to comply with any aspect of the Command Directed Physical Training will constitute grounds for disciplinary action and possible administrative separation processing.

930330:	Counseling: Applicant advised that he failed to meet the physical readiness standards of OPNAVINST 6110.1 (Series), due to obesity 00 Feb 93 cycle.  Applicant was examined by a medical officer and has no medical conditions that preclude him from meeting prescribed standards.  Applicant assigned to the Command Level 1(remedial) Mandatory Exercise program until he can achieve minimum physical readiness standards.  Advised if after the third consecutive failure, he may be separated from the Naval Service.

930422:	Applicant notified of intended recommendation for discharge by reason of convenience of the government on the basis of failure to meet the established physical readiness standards (obesity and failure of the physical readiness test), outlined by OPNAVINST 6110.1 and MILPERSMAN 3420440, and as evidenced by your Risk Factor Screening/PRT Results which indicate PRT medical waivers for obesity for two consecutive PRT cycles (September 1992 and February 1993) and PRT failure for a previous cycle (March 1992), as well as obese measurements for two consecutive body composition cycles (28% on 7 August 1992, and 29% on 19 January 1993) with the least favorable characterization of service as under honorable conditions (general). 

930422:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930517:	Applicant found fit for separation.

930518:	Commanding Officer, Fleet Combat Training Center, Pacific, San Diego, CA directed discharge with an honorable by reason of convenience of the government on the basis of weight control failure.  Commanding Officer’s comments:  “I recommend separation with the characterization of discharge being honorable.  Since reporting to this command in May of 1991, OS3 H_(Applicant) has increased in both weight and body fat percentage.  His body fat percentage and weight have significantly increased (from 18% to 29% and from 190 pounds to 209 pounds) since August of 1991, while stationed on board Fleet Combat Training Center, Pacific, as noted in enclosure (7).
Additionally, 0S3 H_(Applicant) was medically waivered for the last two consecutive PRT cycles (most recently on 22 February 1993); he received an unsatisfactory score (104 total points, which constitutes failure) for the 11 March 1992 physical readiness test.  Petty Officer H_(Applicant) has continuously struggled to maintain physical readiness standards since 10 August 1990, as documented in his service record by a page-13 formal counseling entry on that date (enclosure (6)).  Furthermore, his placement on the Command Directed Physical Training Program in January of 1992, has proven ineffective, as his body fat percentage has increased from 27% to 29% within the past year.  His failure to adhere to the physical readiness standards of the U.S. Navy substantiates my decision to separate the service member in this case. However, I stipulate that the characterization of discharge be honorable, as 0S3 H_(Applicant) is a solid performer, which is reflected in his recent performance evaluations.  Furthermore, 0S3 H_(Applicant) has a clean service record with no records of non-judicial punishment in is seven years and three months of service.  An honorable discharge is warranted by the service member in this case.

930521:	NAVPERS 1070/613 Administrative Remarks:  “93MAY 21: Discharged this date with a General (Under Honorable Conditions) by reason of obesity.
AUTH: MILSPERMAN 3620200
Recommended for reenlistment.  Code: RE-4.”

939521:	DD Form 214:  Applicant discharged this date by reason of other physical, mental conditions – obesity with a characterization of general under honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930521 by reason of other physical/mental conditions - obesity (A and B) with a service characterization of honorable.  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) but that the DD Form 214 contained an administrative error in the characterization of service.  

On 19930518, the Commanding Officer, Fleet Combat Training Center, Pacific, directed that the Applicant be discharged by reason of convenience of the government on the basis of weight control failure with a characterization of service as honorable.  On 19930521, the Applicant was discharged with a DD Form 214 that designated his characterization of service as general under honorable conditions.  The Applicant’s military service records and complete discharge package, which were available to the Board for analysis, document that the Applicant was awarded Character of Service: Honorable; Narrative Reason for Separation: Other Physical, Mental Conditions-Obesity; and Separation Authority: MILPERSMAN 3620200.  Therefore, the Board voted to change the characterization of service to Honorable.

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 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.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT

B.  The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620250, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF FAILURE TO MEET THE PHYSICAL READINESS STANDARDS (OBESITY/PHYSICAL READINESS TEST (PRT) FAILURE)

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

  
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 “http://Boards.law.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:

		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