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NAVY | DRB | 1997_Navy | ND97-01301
Original file (ND97-01301.rtf) Auto-classification: Denied


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

ex OSSN, USNR
Docket No. ND97-01301


 Applicant’s Request
The application for discharge review, received 970825, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary discharge review, he did not list a representative on the DD-293.


Summary of Review

A documentary discharge review was conducted in Washington, D.C. on 980914. The NDRB determined that the discharge inequitably reflects the quality of service rendered. The discharge shall be changed to: HONORABLE/OTHER PHYSICAL/MENTAL CONDITIONS OBESITY; authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES (verbatim)



 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD-293 is blank.


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:          None
         Inactive:        None

 Period of Service Under Review :
Date of Enlistment: 870224                        Date of Discharge: 890929
Length of Service (years, months, days):
 Active:          02 07 06
          Inactive:        00 01 10

 Age at Entry: 19                                   Years Contracted: 8

 Education Level: 9 - GED                           AFQT: 68

 NEC: OSSN-0000                                    Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.45 (4)             Behavior: 3.10 (4)                OTA: 3.15

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Nonjudicial Punishment(s): 1              Court(s)-Martial: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge:
UNDER HONORABLE CONDITIONS(GENERAL)/Other Physical/mental conditions obesity; authority: NAVMILPERSMAN, Article 3620200.

PART III - CHRONOLOGICAL LISTING OF SIGNIFICANT SERVICE EVENTS1

870114:  Enlistment physical: height 68 ¾, weight 206, build heavy.

870114:  Applicant counseled concerning the Navy Health and Physical Readiness Program, advised of the retention/reenlistment standards, advised that he must be within these standards in order to be promoted and that failure to adhere to these standards may result in administrative separation.

870224:  Commenced 36 months active duty under the Active Mariner Program, by reporting to Recruiting Training Command, San Diego, CA.

870312:  Naval Medical Clinic, San Diego, evaluation: 19 year old male in for evaluation of body fat % and weight. Present body weight is 209 lbs, height is 69 in., neck is 14 in., waist is 42.5 in., circv. is 28.5 in., body fat % is 33%. Fit for remedial PFT.

870315:  Applicant signed Page 13 service record entry, hereby acknowledging his understanding that he was examined regarding his level of physical fitness and that he was found to be over the maximum body fat percentage authorized by current standard. His body fat percentage is presently 31%with maximum being 22%. Applicant acknowledged his desire to improve his physical condition to meet or exceed minimum acceptable body fat standards.

870402:  Naval Medical Clinic, San Diego, evaluation: 19 year old male in for evaluation of body fat % and weight. Present height is 69.5 in., body weight is 196 lbs, neck is 14 in., waist is 38 in., circv is 24 in, body fat % is 26%.
         This seaman recruit above was seen and evaluated previously at 33% body fat. He is getting ready to graduate Friday and was sent to be re-eval. Discussed matter with Division Officer who needed documentation of 26% body fat or less for graduation.
         Diagnosis: 26% body fat – acceptable for graduation.

870426:  Joined FCTCLANT, Dam Neck, VA.

8706xx:  Medical record entry: BF 26 %

870824:  Joined USS GUAM (LPH-9), Norfolk, VA.

8708xx:  Applicant counseled by the Medical Dept, USS GUAM, that he exceeded the Navy Weight and/or body fat standards. The Medical Officer determined that current body stature is not related to health ailment or metabolic disorder. Applicant further advised that his condition is not considered a physical disability and can be remedied by strict adherence to prescribed dietary measures and exercises. Applicant was advised that he would receive a special physical exam six months after being placed on the weight control program and in the event he continues to demonstrate non-adherence to the program or that his obesity is still considered unmilitary in appearance, he would be administratively separated from the Naval Service for convenience of the government.
         Receipt acknowledged.

880504:  Risk Factor Screening/Physical Readiness Test Results: Passed physical readiness test, but failed body fat – measured at 34%.

880819:  Risk Factor Screening/Physical Readiness Test Results: Passed physical readiness test, but failed body fat – measured at 33%.

880819:  NJP for violation of UCMJ, Article 134: Make and utter to disbursing officer, sales officer, USS GUAM checks for $45.00, $6.39, $89.45, $335.00, $9.95, dishonorably fail to maintain sufficient funds for payment of such checks.
         Award: Restriction and extra duty for 45 days, reduction to E-2 – suspended 6 months. No indication of appeal in the record.
880822:  Retention Warning: Applicant advised of deficiency in performance and/or conduct evidenced by financial mis-management, specifically, rendering checks to the USS GUAM’s disbursing officer with the knowledge that you had insufficient funds to support these checks. Corrective actions identified. Sources of assistance included. Advised: further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.

881108:  Applicant signed Page 13 service record entry, hereby acknowledging his understanding that he had been medically diagnosed as obese and that he was not eligible for promotion or reenlistment and that if obese for three consecutive cycles, he would be subject to administrative separation for the convenience of the government.

8901xx:  Risk Factor Screening/Physical Readiness Test Results: Body fat measured at 35%.

890127:  Applicant signed Page 13 service record entry, hereby acknowledging his understanding that he had been medically diagnosed a obese and that he was not eligible for promotion or reenlistment and that if obese for three consecutive cycles, he would be subject to administrative separation for the convenience of the government.

890217:  Applicant signed Page 13 service record entry acknowledging the mark of 2.8 in military bearing was due to “NONCONFORMANCE TO NAVY WEIGHT STANDARDS”.

890323:  Command (USS GUAM) advised BUPERS that applicant had failed to meet body fat standards three or more consecutive testing cycles and that applicant signed a Page 13 entry on 27 Jan 89 advising him that he may be administratively discharged from the Navy should he fail to comply with body fat standards. Command recommended that applicant be processed for administrative discharge should he fail to meet standards during next testing cycle currently scheduled for SEP89.

890405:  BUPERS authorized applicant’s continuation on the physical readiness program for an additional six months and to provide a report of applicant’s progress by September 1989.

890417:  Med Dept, USS GUAM, Weight Control Physical Examination:
         Age –21, WT – 204, HT – 69”, Body Fat – 27%, Stature: Med,
         Past Medical History – obesity; significant weight loss over last 12 months – 20 pounds; alcohol consumption – 8-9 beers week.
         Diagnosis: exogenous obesity, recommended Level I (Command Program).

890515:  Signed page 13 entry: I, OSSN J__ C. W__, USN, [ssn], have read and acknowledge receipt of a copy of Commander Naval Military Personnel Command LTR 6110m MNPC-2E dtd 05 April 1989. I understand that a progress report will be sent to NMPC with my measurements to document my progress by September, 1989. A recommendation concerning my retention in the Naval Service will be forwarded at that time.

890626:  Retention Warning: Applicant advised of deficiency in performance and/or conduct due to failure to make 89MAY31 dietary appointment concerning weight, failure to conform with the Navy’s Physical Readiness Program Standards, and repeated poor performances. Corrective actions identified. Sources of assistance included. Advised further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violation of the UCMJ or conduct resulting in civilian conviction would result in separation under other than honorable conditions. Receipt acknowledged.

890705:  Naval Hospital, Portsmouth, VA, Weight Control Physical evaluation: HT – 5’9”, WT- 206,
         Diagnosis: exogenous obesity, instructed patient on 1500 calorie ADA Diet and appropriate diet materials provided. Recommend 10 week Weight Reduction Program.

8909xx:  Risk Factor Screening/Physical Readiness Test Results: Body fat measured at 27%.

890913:  Applicant signed Page 13 service record entry acknowledging that he was assigned mark of 2.8 (or below) in Military Knowledge/ Performance, Initiative, Reliability, Military Bearing, Personal Behavior, Overall Eval due to numerous letters of indebtedness, does not conform to naval weight standards, assumes no responsibility, continues to miss scheduled evaluations and shows little or no initiative.

890914:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of Convenience of the
Government due to obesity as documented in service and medical records.
890918:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to the separation and did not object to the characterization of service. Receipt acknowledged.

890920:  Separation physical: height 70, weight 207, build obese.

890928:  Applicant signed Page 13 service record entry acknowledging that he was assigned mark of 2.8 (or below) in Military Bearing.

890928:  Discharged UNDER HONORABLE CONDITIONS (GENERAL)/ OTHER PHYSICAL/MENTAL CONDITIONS OBESITY; authority: NAVMILPERSMAN, Article 3620200
.
891002:  Commanding officer reports to BUPERS that applicant was discharged on 29 Sep 98 due to obesity as documented in medical and service record. Commanding officer’s verbatim comments: “In accordance with reference (a) through (c), OSSN (Applicant) was discharged on 29 September 1989 due to Obesity. The attached enclosure clearly state the justification for discharge in this case.”
RECORDER’S NOTES:

 1 The source for all entries is the service record (includes medical/dental record) unless otherwise noted.

PART IV - EXTRACT OF PERTINENT REGULATION/LAW


 A . Naval Military Personnel Manual, (NAVPERS 15560A, Change 6, effective 11 Jan 89 until 13 Dec 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT , states:

1. Commander, Naval Military Personnel Command, may authorize or direct the separation of enlisted or inducted members prior to the expiration of enlistment or other obligated service for any one of the reasons listed here. The term "separation" as used in this article includes discharge, transfer to the Naval Reserve and concurrent release to inactive duty, release to inactive duty in certain cases of naval reservists serving on active duty who have service obligation time remaining, or transfer of inactive duty members from the Selected Reserve to the Individual Ready Reserve. A member may not request separation per this article for reasons pertaining to involuntary discharge/separation. Separation of a member for Convenience of the Government shall not be effected until all outstanding disciplinary actions involving the member have been resolved.

a. Dependency or Hardship. Upon request of the member and concurrence of Commander, Naval Military Personnel Command, separation may be directed when genuine dependency or undue hardship exists. Procedures for submission of hardship or dependency requests are prescribed in MILPERSMAN 3620210.

b. Pregnancy/Childbirth. Upon request of member. Procedures and guidelines are prescribed in MILPERSMAN 3620220.

c. Parenthood. Separation may be directed by Commander, Naval Military Personnel Command (NMPC-243), if the member is unable to perform duties assigned, is repetitively absent, or is unavailable for worldwide assignment or deployment due to parenthood. Commands may not initiate separation processing until the member has been counseled formally per paragraph 4 of this article concerning deficiencies and has been afforded an opportunity to overcome those deficiencies. Prior to involuntary separation under this paragraph, the Notification Procedure, MILPERSMAN 3640200, shall be used. In addition to the formal counseling, the following minimum documentation is required and must be presented with each request:

- Signed copy of member's OPNAV 1740/1, Navy Dependent Care Certificate.

- The commanding officer's comments concerning each item on OPNAV 1740/1 which cannot be complied with by the member and the reasons for non-compliance. Comments/statement should include the command's efforts to confirm the member's situation.

- If member is married to another military member, documentation of the liaison with the spouse's command.

- A detailed report of all other facts to be considered, encompassing, but not limited to, work time lost due to parenthood, effect on the job performance, member's inability to go TAD, deploy, stand watches or fulfill operational requirements. The commanding officer should also advise the NMPC-243 of extenuating circumstances which may exist such as medical/financial problems or other family problems which have an effect on the member's parenthood situation.

d. Conscientious Objection. A member may be separated if authorized under DOD directive 1300.6, Subj: Conscientious Objectors. Procedures for submission of application are prescribed in MILPERSMAN 1860120.

e. Surviving Family Member. A member may be separated if authorized under DOD directive 1315.7 Subj: Special Assignments and Discharge Policies for Family Members. Procedures and guidelines [are] prescribed in MILPERSMAN 3620240 and 3620245.

f. Other Designated Physical or Mental Condition. Member may be separated on the basis of designated physical or mental conditions considered inherent or developmental defects that do not constitute a physical disability. Such conditions would be those considered to interfere with a member's performance of duty or pose a threat to his or her safety or well-being, and may further render an individual incompatible with the naval service. These conditions include, but are not limited to, somnambulism (sleepwalking), enuresis (bedwetting), personality disorders, (as described in the Diagnostic and Statistical Manual (DSM III) of Mental Disorders), excessive height and obesity. In most cases, a medical board is neither required nor desired; however, to ensure adequate evaluation to rule out any underlying disease and to ensure establishment of the diagnosis, the following minimum documentation is required and must be presented with each request:

(1) Somnambulism

- Sworn statements from military members documenting at least one sleepwalking episode. The episode must be witnessed by at least two military members.

- Copy of medical evaluation (must be legible and readable copies or signed transcriptions thereof). Diagnosis of somnambulism required.

- Copy of Page 9, NAVPERS 1070/609, Enlisted Performance Record

(2) Enuresis

- Urological Evaluation (must be legible and readable copies or signed transcriptions thereof)

- Copy of Page 9 (NAVPERS 1070/609).

(3) Personality Disorders.

- Copy of Page 13 NAVPERS 1070/613, Administrative Counselling in accordance with paragraph 4 of this article.

- Copy of Page 9 (NAVPERS 1070/609).

- Copies of all Psychiatric Evaluations (must be legible and readable copies or signed transcriptions thereof).

- The commanding officer is the initial authority responsible for determining if and when a member shall be processed for separation by reason of Convenience of the Government due to personality disorder.

- Members may be separated for personality disorders provided (1) medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the naval service; (2) there is documented interference with performance of duty; and (3) counseling is [sic] in accordance with paragraph 4 of this article is completed. For the purpose of this paragraph, military medical authority is defined as a medical officer specializing in psychiatry or a clinical psychologist. The information and any recommendation made by the military medical authority are for command use in determining the proper course of action; however, it must not be construed as the total justification for immediate processing for separation. Evidence such as reduction in performance marks, minor disciplinary infractions, work disruptions, etc., which persist in spite of a reasonable attempt by the command in correcting deficiencies through leadership, non-medical counseling and, when appropriate, disciplinary action, would be supportive as documented interference with performance of duty. Documented interference must be part of the commanding officer's endorsement, as mere presence of a personality disorder is not a bar to naval service. The commanding officer's concurrence with the medical evaluation for discharge will cite specific examples of how the diagnosed disorder interferes with the performance of the member's duty.

- As the only exception to the prescribe policy, the administrative counseling, done on the NAVPERS 1070/613, will not be required in those instances where the medical authority has evaluated a member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration. When appropriate, the member may be transferred TAD to the nearest separation activity. TEMDU transfer will not be authorized until complete documentation is presented indicating a need for transfer ashore and must be authorized by NMPC-242. The transferring activity should submit the discharge request prior to transfer of the individual. If this is not possible, the transferring activity is responsible for ensuring that the receiving command has all information necessary to make a comprehensive request.

- When a member is referred for psychiatric evaluation because of a possible personality disorder, commanding officers are expected to maintain liaison with the medical authority to ascertain if any particular action of the command might assist the member in adjusting to naval service. In this regard, medical authorities will be furnished with service records and any other available documents of the member's performance to assist in their final evaluation. Information concerning psychiatric evaluation and the evaluations themselves shall not be transmitted through or by the member concerned nor should the member be led to believe that separation is or is not assured.

- Prior to processing for separation, counseling as specified in paragraph 4 of this article must be accomplished.

- Processing is commenced by use of the Notification Procedure, MILPERSMAN 3640200. Cases shall be forwarded to Commander, Naval Military Personnel Command (NMPC-242) for disposition.

- Message requests for personality disorder separation should be reserved for unusual circumstances or for cases where there is immediate danger to the individual or to other. If the necessity arises to submit a message case, the complete psychiatric evaluation must be quoted verbatim.

- When members are transferred or impending transfer from the processing command, this should be indicated in the commanding officer's comments.

- If separation is warranted on the basis of unsatisfactory performance or misconduct, the member shall not be processed under this section regardless of the existence of a personality disorder.

(4) Motion/Air Sickness

- Otolaryngology (ENT) Consultation (must be legible and readable copies or signed transcriptions thereof).

- Copy of health record entries relating to treatment of condition.

- Copy of Page 9 (NAVPERS 1070/609).

(5) Allergies

- Allergy/Internal Medicine Evaluation (must be legible and readable copies or signed transcriptions thereof).

- Copy of Page 9 (NAVPERS 1070/609).

(6) Excessive Height

- Orthopedics Consultation (must be legible and readable copies or signed transcriptions thereof.)

- Copy of Page 9 (NAVPERS 1070/609).

(7) Obesity/Weight Control (See MILPERSMAN 3620250 for additional guidelines)

- Current height, weight, body fat content.

- Copy of Page 13 (NAVPERS 1070/613) placing member on weight program.

- Medical documentation establishing obesity as a result of dietary indiscretion.

f. Aliens. A member who is an alien may be separated at the member's request, with the concurrence of Commander, Naval Military Personnel Command (NMPC-243), on the basis of being an alien who no longer wishes to serve. For the purposes of this article, an alien is defined as an individual who is not a natural born nor a naturalized citizen of the United States. See MILPERSMAN 3620260.

g. Upon the written request of a member enrolled in any of the Navy officer candidate programs, including the Naval Academy, to be disenrolled from such program; or when a member of any of the Navy Officer Candidate Programs, including Naval Academy, is disenrolled from or fails to satisfactorily meet any of the requirements for completion of the officer candidate program in which enrolled, provided the member is not considered qualified for enlisted status. The Chief of Naval Education and Training is authorized to approve the discharge of members disenrolled from such programs, except Naval Academy. Under the direction of the Chief of Naval Education and Training and the Chief of Naval Air Training, the Commanding Officer, Naval Aviation Schools Command is authorized to approve the discharge of members disenrolled from the AOC, NFOC, AI, AMDOC and AVROC Programs. Discharge of a member who request disenrollment or who fails to satisfactory meet requirements for graduation from the Naval Academy is subject to approval of the Secretary of the Navy or the President in accordance with 10 U.S.C. 6961 and 6963. All other requests for separation under this provision is [sic] to be forwarded to the Commander, Naval Military Personnel Command for determination.

h. Review Action. A member may be separated if the member is placed on appellate leave awaiting review of a punitive discharge, in accordance with SECNAVINST 1050.1, and whose punitive discharge is set aside, suspended, remitted, or disapproved during the review process.

2. Full information regarding the reason for separation and a recommendation concerning reenlistment based upon enlisted performance evaluation shall be entered on Page 13 of the service record in connection with all cases within the purview of this article.

3. Characterization of Service or Description of Separation shall be Honorable, General, or Entry Level Separation following guidance in MILPERSMAN 3610300.

4. Separation processing for obesity/weight control/Parenthood or Personality Disorders may not be initiated until the member has been counseled by his or her command concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected on an appropriate Page 13 service record entry. This requirement is particularly important in that a member should not be separated for the reasons above unless there have been documented efforts at rehabilitation. Such efforts must include the following and be documented in the members service record.

- Written notification concerning deficiencies or impairments.

- Specific recommendations for corrective action, indicating any assistance available.

- Comprehensive explanation of the consequences of failure to undertake successfully the recommended corrective actions.

- Reasonable opportunity for the member to undertake the recommended corrective action. Members with broken service have previously demonstrated appropriate military behavior and conformance to military regulations and customs. These members should adapt more rapidly to appropriate military behavior and, therefore, failure to rehabilitate themselves could be evident in a shorter period of time.

 B . Naval Military Personnel Manual, (NAVPERS 15560A, effective 15 Jun 87 until 11 Oct 90, Article 3620250, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF OBESITY , states:

1. Basis. A member may be separated at the convenience of the Government on the basis of obesity. Separation for obesity should be considered when a member demonstrates inability to reduce and maintain a weight/body fat percentage in accordance with the health and physical readiness standards set forth in OPNAVINST 6110.1 and the guidelines of Article 3420440.

2. Procedure

a. The Notification Procedure, Article 3640200 shall be used.

b. Commands processing a member under this article shall forward by letter of transmittal, to Commander, Naval Military Personnel Command (NMPC-2E), the following:

(1) Commanding officer’s certification that member is militarily unsuitable for retention due to appearance and/or inability to perform duties due to obesity.

(2) Certified copy of the Administrative Remarks, Page 13 entry placing member on the weight reduction program.

(3) Summary of: action taken by the command; member’s progress; and counseling offered as outlined in Article 3420440.

(4) Copy of Notification Procedure and letter of transmittal (Article 3640200).

(5) Medical documentation establishing a member’s obesity as a result of dietary indiscretion, including member’s progress reports and any other consultation reports regarding member’s weight conditions.

(6) Member’s statement of rebuttal/consent to the recommended separation action due to obesity.

3. Characterization of service or description of separation shall be Honorable, General or Entry Level Separation under the guidance provided in MILPERSMAN 3610300.
C . The Naval Military Personnel Manual, (NAVPERS 15560A, effective 15 Jun 87 until 13 Dec 89, Article 3420440, HEALTH AND PHYSICAL READINESS PROGRAM , states:

1. The need to maintain a high state of health and physical readiness is essential to ensure combat readiness and personal effectiveness. All members of the Navy, except those excused for medical reasons, shall maintain a condition of health and physical readiness consistent with their duties and, at a minimum, to the degree required in OPNAVINST 6110.1. Personnel shall be evaluated against the standards of OPNAVINST 6110.1 annually. Provisions relating to physical fitness testing are effective 01 October 1983. Comments pertaining to outstanding performance in a physical readiness test or failure to show progress in meeting minimum test standards, when there are no limiting medical circumstances, shall be included in all evaluations and reports of fitness. Retention of those who fail to show progress in meeting the Navy's minimum standards will be based on a recommendation by the commanding officer. Ultimate determination of satisfactory progress will be made by the Commander, Naval Military Personnel Command.

2. Overweight condition is a serious detriment to health, longevity, stamina, and military appearance. For the purpose of this article, the term "overweight" refers to those members whose weight/body fat, in relation to the body structure and musculature, does not fall within the guidelines contained in OPNAVINST 6110.1.

3. The commanding officer is responsible for the overall administration of the command health and physical readiness program delineated in OPNAVINST 6110.1.

a. With the assistance of the medical officer, commands are to classify all members who are included in any one of the following categories as overweight:

(1) Do not meet the minimum height-weight/ body fat health and physical readiness standards as set forth in OPNAVINST 6110.1.

(2) Present an unsuitable military appearance due to an overweight condition or excessive body fat.

(3) Cannot perform assigned duties due to an overweight condition or excessive body fat.

4. Commands shall take the following actions with personnel determined to be overweight:

a. Such members shall be required to report to a medical officer for examination to determine whether the overweight condition is caused by dietary indiscretion rather than an underlying abnormality or medical problem, to what degree the overweight/body fat condition may adversely affect health or physical fitness, and whether the physical condition of the member will permit an enforced weight/body fat reducing diet and an appropriate exercise schedule.

b. If the physical condition determined by the medical officer so permits, overweight personnel shall be placed on a weight/body fat reducing diet and physical exercise schedule. Realistic goals shall be established and members required to conform therewith.

c. If a medical officer is not attached to the command, members determined not to conform to weight/percent body fat requirements of OPNAVINST 6110.1 shall be required to report for examination to the nearest command to which a medical officer is attached.

d. Require medical officers to submit follow-up reports indicating satisfactory or unsatisfactory progress in attaining established goals of weight/body fat reduction.

e. Maintain a record of actions taken with regard to overweight personnel. Such reports should reflect progress as well as other actions taken or counseling offered, by the command to motivate the member to qualify for retention.

f. A summary of such actions mentioned in paragraph e. above will be forwarded with the medical officer's report if a member is recommended for separation.

5. Those enlisted members who do not meet the weight/body fat requirement of health and physical readiness program as outlined In OPNAVINST 6110.1 shall not be advanced in rate without prior approval of the Commander, Naval Military Personnel Command. If the advancement is to be held beyond the limiting date, the command shall advise the Commander, Naval Military Personnel Command, that the member's advancement is being held in abeyance for failure to meet health and physical readiness standards of OPNAVINST 6110.1 and has not been withdrawn. Authority to advance member, with recommendation of the commanding officer, may be requested from the Commander, Naval Military Personnel Command (NWC-2) when the member conforms to OPNAVINST 6110.1 .

6. Upon determination that an enlisted member is overweight, with no underlying medical condition, the member's command will ensure that the following entry is made on Page 13 of the service record, and in the health record, acknowledged by the member's signature, and that the instructions contained in the statement are compiled with:

"I, (name of member), have been advised that I do not meet the weight/body fat requirements as outlined in current standards due to dietary indiscretion, which is not considered physical disability and usually may be controlled by my strict adherence to prescribed dietary control measures. I understand that I will receive a special physical examination during (month, year to be six months from current date or date placed on controlled weight/body fat reduction program) and in the event the examination indicates that I have continued to demonstrate nonadherence to the proper dietary regimen and/or my overweight condition is considered such as to render me military not suitable, I may be administratively separated from the naval service for the convenience of the Government."

7. An enlisted member, at the time at physical examination for extension of enlistment or for reenlistment, found not to meet current weight/body fat requirements of the health and physical readiness program with no underlying medical condition, may only be permitted to extend his or her enlistment in increments of six month periods in order to be placed on a diet and exercise schedule.

a. If an enlisted member does not meet current weight/body fat requirements of the health and physical readiness program upon physical examination incident to extension of enlistment for which no significant benefit resulted, the extension agreement shall be cancelled prior to becoming operative and a six month extension for diet and exercise effected. A request for cancellation of an extension for a member who obtained significant benefit as a result of the extension, e.g., nuclear power or advanced electronics training, accompanied overseas tour, or advancement, shall be forwarded to the Commander, Naval Military Personnel Command (NMPC-2E) in sufficient time to permit decision and reply prior to the operative date. When a member meets current weight/body fat requirements of the health and physical readiness program at the end of the six month period and is qualified in all other respects, he or she may be extended or reenlisted in accordance with normal procedures without further referral to the Commander, Naval Military Personnel Command.

b. Requests for waivers to the six month extensions, where a member may lose some reenlistment bonus or special pay monies, or may exceed the 48 month total extension limit may be requested from the Commander, Naval Military Personnel Command (NMPC-2E).

c. Enlisted members who demonstrate progress toward conformance to the current weight/body fat requirements but have not yet attained them within the allotted six months time frame may be recommended for an additional six months on the program. Such consideration must be forwarded to the Commander, Naval Military Personnel Command (NMPC-2E) for disposition.

8. A member in excess of weight standards only, who is obviously active, of firm musculature, evidently vigorous and healthy, and who presents a satisfactory military appearance, should not be classified as overweight. The commanding officer, with the assistance of the medical officer, may grant a waiver of the weight standards due to body build, muscular development, and bone structure provided body fat does not exceed 22 per cent for males or 30 per cent for females. In cases where a waiver is granted, an Administrative Remarks (Page 13) entry shall be made outlining/granting the waiver. Where doubt exists, a complete physical examination report, and appropriate comments and recommendations from the medical officer and the commanding officer shall be submitted to the Commander, Naval Military Personnel Command (NMPC-2E), via the Commander, Naval Medical Command (Code 3322) for consideration.

9. Members who demonstrate a lack of interest and effort, or who are unsuccessful at reducing and maintaining their weight or body fat percentages within current requirements shall be considered for administrative separation. Enlisted members shall be processed for convenience of the Government in accordance with Article 3620250.
D . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

1. Parenthood.
2. Certain Designated Physical or Mental Conditions - somnambulism, enuresis, personality disorders, excessive height, and obesity.

3. Dependency or hardship.

4. Pregnancy/Childbirth.

5. Surviving Family Member.

6. Obesity.

7. Erroneous Enlistment.

8. Fraudulent Enlistment.

9. Entry Level Performance and Conduct.

10. Unsatisfactory Performance.
11. Homosexuality.

12. Drug Abuse Rehabilitation Failure.

13. Alcohol Abuse Rehabilitation Failure.

14. Misconduct - Minor Disciplinary Infractions or Pattern of Misconduct in cases where an OTH is not warranted.

15. Misconduct - Drug Abuse where the evidence used to determine drug abuse cannot be used to support characterization as OTH.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, STANDARDS FOR DISCHARGE REVIEW, states, in part:

 “9.2 Propriety of the Discharge
a. A discharge shall be deemed to be proper unless, in the course of discharge review, it is determined that:

(1) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or

(2) A change in policy by the military service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge.

b. When a record associated with the discharge at the time of issuance involves a matter in which the primary responsibility for corrective action rests with another organization (for example, another Board, agency, or court), the NDRB will recognize an error only to the extent that the error has been corrected by the organization with primary responsibility for correcting the record.

c. The primary function of the NDRB is to exercise its discretion on issues of equity by reviewing the individual merits of each application on a case-by-case basis. Prior decisions in which the NDRB exercised its discretion to change a discharge based on issues of equity (including the factors cited in such decisions or the weight given to factors in such decisions) do not bind the NDRB in its review of subsequent cases because no two cases present the same issues of equity.

d. The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the NDRB shall either recharacterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to determine whether proper grounds exist for the issuance of a less than honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an inactive duty reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.”

F. SECNAVINST 5420.174C, enclosure (1), Manual for Discharge Review 1984, Chapter 9, Standards for Discharge Review, paragraph 9.3, Equity of the Discharge, states, in part, that a discharge shall be deemed to be equitable unless in the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the NDRB viewed in conjunction with the factors listed in this paragraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to:

1. Quality of service, as evidenced by factors such as:

a. service history, including date of enlistment, period of enlistment, highest rank achieved, conduct and proficiency ratings (numerical and narrative);

b. awards and decorations;

c. letters of commendation or reprimand;

d. combat service;

e. wounds received in action;

f. records of promotions and demotions;

g. level of responsibility at which the applicant served;

h. other acts of merit that may not have resulted in formal recognitions through an award or commendation;

i. length of service during the service period that is the subject of the discharge review;

j. prior military service and type of discharge received or outstanding post-service conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review;

k. convictions by court-martial;

l. records of nonjudicial punishment;

m. convictions by civil authorities while a member of the service, reflected in the discharge proceedings or otherwise noted in the service records;

n. records of periods of unauthorized absence;

o. records relating to a discharge in lieu of court-martial.

2. Capability to serve, as evidenced by factors such as:

a. Total capabilities. This includes an evaluation of matters such as age, educational level, and aptitude scores. Consideration may also be given as to whether the individual met normal military standards of acceptability for military service and similar indicators of an individual's ability to serve satisfactorily, as well as ability to adjust to military service.

b. Family and personal problems. This includes matters in extenuation or mitigation of the reason for discharge that may have affected the applicant's ability to serve satisfactorily.

c. Arbitrary or capricious actions. This includes actions by individuals in authority which constitute a clear abuse of such authority and that, although not amounting to prejudicial error, may have contributed to the decision to discharge the individual or unduly influence the characterization of service.

d. Discrimination. This includes unauthorized acts as documented by records or other evidence.

G. Naval Military Personnel Manual, (NAVPERS 15560A, effective 15 Jun 87 until 14 Aug 91), Article 3610300, TYPES OF CHARACTERIZATION OF SERVICE AND DESCRIPTIONS OF SEPARATION AND GUIDANCE FOR ASSIGNMENT, states:

1. Types of characterization of service or descriptions of separation:

a. For administrative separations the following characterizations of service are authorized subject to the limitations specified in MILPERSMAN 3610200 and described with each reason for processing.

(1) Honorable

(2) General

(3) Other Than Honorable Conditions

b. For separations adjudged by Courts-Martial the following characterizations of discharge are used and shall not be used for administrative separations.

(1) Bad Conduct Discharge. Result of an approved sentence of a General or Special Courts-Martial.

(2) Dishonorable Discharge. Result of an approved sentence of a General Courts-Martial.

c. For administrative separations the following uncharacterized descriptions of separation are authorized subject to the limitations specified in MILPERSMAN 3610200.

(1) Entry Level Separation.

(2) Order of release from the custody and control of the Armed Forces.

2. General considerations on characterization of service:

a. Characterization of service at separation shall be based upon the quality of the member's service, including the reason for separation, subject to the limitations set forth under the specific reasons for separation. The quality of service shall be determined in accordance with standards of acceptable personal conduct and performance of duty for naval personnel. These standards are found in the UCMJ, directives and regulations issued by the Department of Defense and the Department of the Navy, the Enlisted Performance Evaluation System, and the timehonored customs and traditions of the naval service.

b. The quality of service of a member on active duty or active duty for training is affected adversely by conduct that is of a nature to bring discredit on the naval service or is prejudicial to good order and discipline, regardless of whether the conduct is subject to UCMJ jurisdiction. Characterization may be based on conduct in the civilian community where that conduct has adversely affected the respondent's service; once the Government has introduced evidence that such conduct did adversely affect the respondent's service, the burden is on the respondent to demonstrate that such conduct did not in fact adversely affect the respondent's naval service.

c. The reason for separation, and the specific circumstances that form the basis for the separation, as well as the military record, shall be considered on the issue of characterization. Generally, characterization will be based upon the member's performance of duty and conduct throughout the period of his or her enlistment. However, there are circumstances in which the conduct or performance of duty reflected by a single incident may provide the basis of characterization, such as single acts of misconduct or heroism. Due consideration shall be given to the member's age, length of service, grade, aptitude, physical and mental condition, and the standards of acceptable conduct and performance of duty.

3. Guidelines for Assignment of Characterization:

a. Honorable. The Honorable characterization is appropriate when the quality of the member's service has for the most part met acceptable standards of conduct and performance of duty for naval personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. The Honorable characterization is marked by proper personal and military behavior with proficient and industrious performance of duty having due regard to the rate held and the capability of the member concerned. If characterization higher than Other Than Honorable is being recommended in a drug abuse case where characterization of service as Other Than Honorable would normally be appropriate, it must be approved by Commander, Naval Military Personnel Command.

(1) During an enlistment, induction, or other service obligation the member must have been awarded in the enlisted performance evaluation a final average in performance and conduct marks of not less than 2.8 and an average of not less than 3.0 in personal behavior, in order to receive a characterization of separation of Honorable, except as otherwise provided in this Manual.

(2) A member who would be eligible for a characterization of service as General may receive an Honorable discharge if he or she has, during a current enlistment or other current period of service or prior service, been awarded a Medal of Honor, Navy Cross, Distinguished Service Medal, Silver Star Medal, Legion of Merit, Distinguished Flying Cross, Navy and Marine Corps Medal, Bronze Star Medal, Meritorious Service Medal, Air Medal, Joint Service Commendation Medal, Navy Commendation Medal, Navy Achievement Medal, Combat Action Ribbon, Gold Lifesaving Medal, Silver Lifesaving Medal, or an award corresponding to any of these personal decorations awarded by one of the Armed Forces. The above constitutes elements of a member's record which should be considered meritorious.

b. General. The general characterization is appropriate when service has been honest and faithful but significant negative aspects of the member's conduct or performance of duty outweigh positive aspects of the member's service record. A characterization of separation as General is under honorable conditions. A member would be eligible for a characterization of separation as General if, during an enlistment, induction, or other service obligation, the member's performance and conduct marks on the enlisted performance evaluation system, on a final average, fall below 2.8, or a trait average for personal behavior below 3.0, except as otherwise provided in this Manual. If characterization higher than Other Than Honorable is being recommended in a drug abuse case where characterization as Other Than Honorable would normally be appropriate, it must be approved by Commander Naval Military Personnel Command.

c. Other Than Honorable. A characterization of service as Other Than Honorable is appropriate and may be authorized in the following circumstances, and member has had the opportunity to elect an Administrative Board: (Administrative Board election not applicable if member requesting Other Than Honorable Discharge in lieu of trial by Court-Martial (3630650)).

(1) When the reason for separation is based upon a pattern of adverse behavior that constitutes a significant departure from the conduct expected from members of the naval service.

(2) When the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected from members of the naval service. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States, the health and welfare of other members of the naval service, or the health and safety of other persons, drug abuse, felony convictions, and some instances of homosexual conduct.

(3) When the reason for separation is based on a pattern of misconduct if the offenses, or one of the offenses, is considered by the Commander, Naval Military Personnel Command, of such severity to warrant such action, e.g., a punitive discharge is authorized for the offense(s) and/or one offense being considered reflects unauthorized absence (UA) in excess of 30 consecutive days. Commanding officers must provide specific details of offenses in those cases which may warrant a more favorable characterization than that normally authorized.

4. Limitations on characterization of service

a. Except as otherwise noted in this article, characterization will be determined solely by the member's service record during the current enlistment or period of service to which the separation pertains, plus any extensions prescribed by law or regulation or effected with the consent of the member.

(1) Activities from prior enlistments or periods of obligated service, including records of conviction by courts-martial, records of absence without leave, or commission of other offenses for which punishment was not imposed shall not be considered on the issue of characterization. To the extent that such matters are considered on the issue of retention or separation, the record of proceedings shall reflect that such information was not considered on the issue of characterization.

(2) Pre-service activities may not be considered on the issue of characterization except that in a separation proceeding for the reason of Defective Enlistments and Inductions due to Fraudulent Entry into the Naval Service (3630100), evidence of pre-service misrepresentation or concealment in regard to any of the qualifications or disqualifications for enlistment or induction, e.g., evidence of homosexuality or drug abuse, may be considered on the issue of characterization.

b. The limitation in MILPERSMAN 3610200 on matters that may be considered on the issue of separation are also applicable to characterization of service.

c. When members are processed for separation by reason of misconduct (3630600 or 3630620) based solely upon the results of a courts-martial not imposing a punitive discharge (or the punitive discharge was suspended) and an other than honorable characterization is warranted, such characterization must be approved by the Secretary of the Navy on a case basis.

d. Conduct in the civilian community of a member of the Naval Reserve who is not on active duty or active duty for training may form the basis for characterization under Other Than Honorable Conditions only if such conduct affects directly the performance of the members military duties; e.g., conduct that results in incarceration, prohibiting a member from participation in drills or being mobilized, etc. Such conduct may form the basis of characterization as General under Honorable Conditions only if such conduct has an adverse impact on the overall effectiveness of the naval service including military morale and efficiency; e.g., discreditable involvement with civilian authorities while not on active duty for training and while wearing the naval uniform without authorization.

e. Disclosures made by a member to drug abuse screening, counseling, treatment, or rehabilitation personnel relating to the member's past drug use, or possession incident to such use, including disclosures made at Alcoholics Anonymous and Narcotics Anonymous meetings and while attending NASAP/NDSAP classes, are privileged and may not be used against the member in any disciplinary action under the UCMJ or as the basis for characterizing a discharge, provided that the information is disclosed by the member for the express purpose of seeking or obtaining treatment or rehabilitation. This privilege does not preclude the introduction of evidence for impeachment or rebuttal purposes in any proceeding in which drug abuse (or lack thereof) has first been introduced by the member. See enclosure (5) of OPNAVINST 5350.4 for further guidance.

f. Urinalysis test (fitness for duty) results may not be considered on the issue of characterization except as provided in OPNAVINST 5350.4.

5. Uncharacterized Separations. A separation which, due to the short duration of service, is uncharacterized.

a. Entry Level Separation

(1) A separation initiated while a member is in entry level status (first 180 days of continuous active duty) will be described as Entry Level Separation except in the following circumstances:

(a) When characterization under Other Than Honorable conditions is authorized under the reasons for separation and is warranted by the circumstances of the case; or

(b) When characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of naval duty where separation is for the reason of: Selected Changes in Service Obligation (MILPERSMAN 3620100), Convenience of the Government (MILPERSMAN 3620200), Disability (MILPERSMAN 3620270), or separation in the best interest of the service (MILPERSMAN 3630900), and the Secretary of the Navy approves such characterization on a case-by-case basis.

(2) With respect to administrative matters outside this Manual that require a characterization as Honorable or General under Honorable Conditions, an Entry Level Separation shall be treated as the required characterization. When a member of the Naval Reserve is separated from the Delayed Entry Program with an Entry Level Separation, such separation is treated as under honorable conditions.

b. Void enlistment or induction

(1) An enlistment is Void in the following circumstances:

(a) If it was effected without the voluntary consent of a person who has the capacity to understand the significance of enlisting in the Navy including enlistment of a person who is intoxicated or insane at the time of enlistment, or enlistment of a person who was coerced into enlisting by being presented with the option of either enlisting or being subjected to a sentence to confinement by a court of competent jurisdiction.

(b) If the person is under 17 years of age.

(c) If the person is a deserter from another Military Service.

(2) A member whose enlistment or induction is void shall not receive a discharge certificate, characterization of service at separation, or an Entry Level Separation. The separation shall be described as an order of release from custody or control of the Armed Forces.

(3) Although an enlistment may be void at its inception, a constructive enlistment arises in the case of a person serving with the Navy who:

(a) Submitted voluntarily to Naval authority and was not insane, intoxicated or under 17 years of age at the time;

(b) Received military pay or allowances; and

(c) Performed military duties.

(4) If a constructive enlistment arises from a void enlistment within the same term of service, characterization of service or description of separation shall be in accordance with paragraph 3 or paragraph 5a of this article as appropriate. However, if the enlistment was void by reason of desertion from another service, the member shall be separated by an order of release from custody and control of the Armed Forces, regardless of any subsequent constructive enlistment, unless the Secretary of the Navy determines that retention is appropriate.

(5) The occurrence of such a constructive enlistment does not preclude the Navy, in an appropriate case, from either retaining or separating the member on the basis of the circumstances that occasioned the original void enlistment or upon any other basis for separation provided in this Manual.

PART V - RATIONALE FOR DECISION
Discussion
         After a thorough review of the records, facts, and circumstances associated with this case, the Board determined that the characterization of the applicant’s service is inequitable. The discharge shall be changed to HONORABLE /Other physical/mental conditions obesity; authority: NAVMILPERSMAN, Article 3620200.
         The applicant was discharged on 890929 under honorable conditions (general) by reason of other physical/mental conditions obesity (A,B, and C, Part IV). The record clearly documents the basis for the separation. On 870114, the applicant signed his enlistment document, was given his enlistment physical, and was counseled concerning the Navy’s health and physical readiness program. He was measured at a height of 68 ¾ inches, at a weight of 206 lbs., and classified with a heavy build. On 870224, the applicant commenced his active duty requirement. On 870312, the applicant was evaluated for his body fat and weight. At this time he presented with a body weight of 209 lbs., height of 69 inches, neck diameter of 14 inches, and waist of 42.5 inches. This equated to a body fat percentage of 33%. He was evaluated as fit for remedial PFT. On 870315, the applicant acknowledged his understanding that he had been examined regarding his level of physical fitness and that he was found to be over the maximum body fat percentage authorized. On 870402, he was evaluated by Naval Medical Clinic, San Diego, CA., for body fat percentage. He presented with a body weight of 196 lbs., height of 69.5 inches, neck diameter of 14 inches, and waist of 38 inches. He was evaluated with a body fat percentage of 26%, and considered acceptable for graduation. On 870824, the applicant transferred to the USS Guam (LPH-19), where he was counseled by the medical department that his current body stature was not related to health ailment or metabolic disorder. He was advised that he would receive a special medical exam after six months on the weight control program. On 880504 and 880819, he was evaluated and measured at 34% and 33% respectively.

 On 880819, the applicant was awarded NJP for violation of UCMJ Article 134, writing and uttering checks while dishonorably failing to maintain sufficient funds for payment of such checks. He was given a retention warning and permitted to remain on active duty. On 881108 and 890127, the applicant signed page 13’s acknowledging his understanding that he had been diagnosed as obese and that he was not eligible for promotion or reenlistment, and that if obese for three consecutive cycles, he would be subject to administrative separation. On 890323, the CO advised BUPERS that the applicant had failed to meet body fat standards on three or more occasions. The CO recommended that the applicant be administratively discharged should he fail to meet standards during the next testing cycle. On 890405, BUPERS authorized the applicant’s continuation on the physical readiness program for an additional six months and to provide a report of the applicant’s progress. On 890417, the applicant was evaluated for his body fat and weight. At this time he presented with a body weight of 204 lbs., and a height of 69 inches. This equated to a body fat percentage of 27%, he was evaluated with a build of medium. On 890626, the applicant received a retention warning for failure to make a dietary appointment concerning weight control, failure to conform with the Navy’s Physical Readiness Program Standards, and repeated poor performance. In September 89, the applicant was given another Risk Factor Screening. The Physical Readiness Test Results equated to a body fat percentage of 27%. On 890914, the applicant was informed of the intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government due to obesity as documented in the service and medical records. The applicant was afforded the opportunity to exercise all of the rights of law, regulation, and custom to which he was entitled. He chose to consult with counsel and waive all rights except the right to obtain copies of the documents used to support the basis for his separation. The CO as a Special Court-Martial Convening Authority (D, Part IV) directed the discharge of the applicant.
         The applicant provided no issues on his application for review of discharge. Therefore, the NDRB examined the overall propriety and equity of the discharge (E and F, Part IV). After a thorough review of available records, facts and circumstances associated with this case, the Board determined that the discharge was proper, but it inequitably reflected the quality of service rendered.

 The Board determined the characterization for the applicant’s separation was inequitable. The applicant should not have been permitted to enlist; he was recruited and enlisted out of weight standards, he was given the opportunity to correct the discrepancy yet was unsuccessful. His e ntrance physical and separation physical had basically the same measurements, yet his initial body fat percentage was 33%, his final body fat percentage was 27% showing that he was making progress toward the Navy standards.
Characterization of service at separation shall be based upon the quality of the member's service, including the reason for separation, subject to the limitations set forth under the specific reasons for separation (G, Part IV). The quality of service shall be determined in accordance with standards of acceptable personal conduct and performance of duty for naval personnel. During an enlistment the member must have been awarded in the enlisted performance evaluation a final average in performance and conduct marks of not less than 2.8 and an average of not less than 3.0 in personal behavior, in order to receive a characterization at separation of Honorable. The applicant received evaluation marks in overall performance of 3.45, personal behavior marks of 3.10, and a final average in performance of 3.15. The applicant, even with two 2.8 marks in personal behavior still averaged 3.10, more than adequate to qualify for an honorable separation.

PART VI - INFORMATION FOR THE APPLICANT
Decision

The NDRB discerned no impropriety in the separation but did note an inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall be changed to: HONORABLE/Other physical/mental conditions obesity; authority: NAVMILPERSMAN, Article 3620200.
         The Board noted an administrative error on the original DD-214. Block 24 should read: UNDER HONORABLE CONDITIONS (GENERAL). The DD-214 should be reissued or corrected as appropriate.
If you believe that the decision in your case is unclear, not responsive to the issues which you raised, or does not otherwise comport with the decisional documents 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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023.

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