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NAVY | DRB | 1999_Navy | ND99-00773
Original file (ND99-00773.rtf) Auto-classification: Denied


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

ex-IC3, USN
Docket No. ND99-00773

Applicant’s Request
The application for discharge review, received 990512, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 000323. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Weight control failure, authority: NAVMILPERSMAN, Article 3620250.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. “Respectfully request discharge status change from General (under Honorable conditions) to Honorable.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        860728 - 890917  HON
         Inactive: USNR (DEP)     850805 - 860727  COG

 Period of Service Under Review :
Date of Enlistment: 890918               Date of Discharge: 950120

 Length of Service (years, months, days):

         Active: 05 04 03
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6 (6 months extension)

 Education Level: 12                        AFQT: 64

 Highest Rate: IC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.92 (8)    Behavior: 3.72 (8)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, LOC (10), GCM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Weight control failure, authority: NAVMILPERSMAN, Article 3620250.

 Chronological Listing of Significant Service Events :

The discharge package for this record is not available.
910820:  NJP for violation of UCMJ, Article 107: False official statement.
         Award: Reduction to E-4. No indication of appeal in the record.
921021:  Medical evaluation. The applicant was screened and evaluated in accordance with OPNAVINST 6110.1D. The applicant'’ excessive weight is due to dietary indiscretion. He denies overeating to deal with stress or life’s problems. He admitted to having weight fluctuations from 17% to 29% body fat within two years, but this is not documented in his service record. The applicant’s service record did not show any history of abuse. The applicant admits to eating the wrong foods and not properly exercising. He is amenable to treatment. His prognosis for further weight control problems is low and his potential for further productive military service appears good. Recommend that the applicant attend Level II treatment for weight.
921215:  Medical evaluation. Applicant self-referred to CAAC for weight problems. Fluctuated between 215-220 pounds for the past year.

930802:  Applicant admitted to NAVALREHCENT, Jacksonville for Level III treatment of compulsive overeating because of his inability to maintain the prescribed body fat percentage. Applicant successfully completed Level III treatment program for compulsive overeating and obesity.

940525:  Medical evaluation. Applicant screened by medical doctor for exceeding body fat standards. Applicant found physically qualified for participating in the semi annual PRT and the command PT program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950120 Under Honorable Conditions (General), for Convenience of the government by reason of weight control failure (A, B and C). The Board presumed regularity in the conduct of governmental affairs (D). 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 (E and F).

In the applicant’s issue 1, the Board determined this issue is without merit. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed. This applicant’s discharge was proper and equitable . Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). The applicant did not provide any documentation of good character or conduct, which would warrant an upgrade to his discharge. The applicant is encouraged to establish a reputation of good character and document his accomplishments. Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements . He remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge. Legal representation at the hearing is advisable.

 Pertinent Regulation/Law (at time of discharge)

 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.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 107, False official statement, if adjudged at a Special or General Courts-Martial.

 C. 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 .

D. 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.

E. 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.

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

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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

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


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