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NAVY | DRB | 1999_Navy | ND99-00929
Original file (ND99-00929.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00929

Applicant’s Request
The application for discharge review, received 990629, 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 000522. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but found an inequity in the characterization of the applicant’s service. The Board’s vote was 4-1 that the character of the discharge shall change. The discharge shall read: HONORABLE /PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was unjust and treated unfairly it has been over six months and I wish to have my discharge changed to Honorable. I was treated unfairly by not being granted leave due to the fact of not passing the PRT's and other crew members were granted leave who failed it, I served my whole time overseas without taking leave, and when I asked for it I was denied it by my XO Lt Commander J_, Commander R_ of the USS GERMANTOWN LSD-42 in Sasebo, Japan because I could not pass the PRT. That is the reason why my discharge was general (under honorable), and the command played favorites, that is why I feel my discharge was unjust. My main goal is to get my discharge changed to honorable to get my G.I. Bill for school, I was lied to by the admin officer on board ship, and in Tacoma, WA.

 2. Please find enclosed a copy of my DD214 and also a travel order stating that (Character of Service Honorable) also enclosure (2) which has been signed and dated.
I also would like to say that I don't understand why I was discharged with General (under honorable conditions) When others in the Navy have been discharged and received Honorable and failed the PRT mid overweight. Please explain.
I served from December 1994 until May 1998 on the Germantown LSD-42. During that time I was denied leave several times, because the XO and CO said I failed the PRT. Others received leave that had filled the PRT. favoritism was shown to them. I took at 6 PRTs while on board and failed. Yet they keep me until May 1998 and used me for head count. In Washington state upon being discharged I was told that I could receive all my VA benefits including the GI Bill for School with this General (under honorable conditions). I was lied too by personal at TPU Puget Sound Bangor, WA
I signed tip for the Montgomery GI Bill and contributed for 12 months. Since I can not receive GI School Benefits now. I should have my portion of monies paid in by me returned to me or my discharge changed to Honorable. During the time I was in the Navy, July, 1994 until June 1998 1 reached the rank of E-3. I was never busted to a lower rank and never went to mast. This discharge as it is now definitely hurts my chances of getting a decent job and it hurts me emotionally to at times I get greatly depressed. Your prompt attention to this matter will be appreciated. Sincerely
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1(2 copies) and 4)
Copy of DD Form 149
Copy of Travel certificate separation without orders dated June 3, 1998

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              940516 - 940720  COG

 Period of Service Under Review :
Date of Enlistment: 940721               Date of Discharge: 980604

 Length of Service (years, months, days):

         Active: 03 10 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER, SSDR (3), GCM

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

 Chronological Listing of Significant Service Events :

940516:  Report of Medical Examination: Weight: 182 pounds. Recheck 940721: 187 pounds.
940804:  Weight: 180 pounds.

950621:  Weight: 181 pounds.

 950909:  Placement on Mandatory PT Program/counseling (First Cycle Failure):
         Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements and advised that to remain eligible for continued service he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.

960420:  Weight: 194 pounds.

960910:  Weight: 185 pounds.

970505:  Weight: 185 pounds.

 971231:  Counseling: Applicant advised that he failed the May 1997 physical readiness test by failing the running/pushups, etc and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Advised if this is the third failure in a four year period, you will be process for administrative separation (unless approved for a waiver by the Bureau of Naval Personnel).

980107:  Counseling: Applicant advised that he failed the November 1997 physical readiness test by failing the running/pushups, etc and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Advised if this is the third failure in a four year period, you will be process for administrative separation (unless approved for a waiver by the Bureau of Naval Personnel).

980518:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of weight control failure as evidenced by failure to meet Navy body fat standards.
980518:          Applicant advised of his rights and having elected not to consult 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.

980526:  Commanding officer directed discharge with general (under honorable conditions) by reason of failed the physical readiness test due to not meeting the prescribed physical readiness standards. Commanding officer’s comments (verbatim): SN (applicant) is being processed due to Weight Control Failure. Since 1995, SN (applicant) has failed five Physical Readiness Tests. SN (applicant) has had ample time to bring himself within Navy standards. SN (applicant) has no potential for further naval service, therefore, I order him discharged with type warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980604 general (under honorable conditions) for failure of the physical readiness test 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 but equitable (D and E).

The NDRB found that relief is warranted based on the applicant’s entire service record. The applicant had no NJP’s or adverse counseling entries for violations of the UCMJ. The character of the discharge shall read Honorable and the reason shall remain the same.

 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 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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