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NAVY | DRB | 1999_Navy | ND99-01201
Original file (ND99-01201.rtf) Auto-classification: Denied


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

ex-ABH1, USN
Docket No. ND99-01201

Applicant’s Request
The application for discharge review, received 990913, 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 designate a 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 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 change to HONORABLE/PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should contain the following statement: "CONTINOUS HONORABLE ACTIVE SERVICE FROM 89DEC07 UNTL 95DEC06" and Block 25, Separation Authority, should read: “1910-170” vice “3620260”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The General Discharge is improper, because I was unable to complete the PRT requirements as a result of documented injuries to my back and knees, for which I received treatment while on active duty. I was not given a PEB prior to discharge to substantiate these injuries for disability purposes. I have been rated as service connected for both conditions by the V.A.

2. The General discharge is improper because my Service Record contains no adverse remarks or evaluations which merit this level of discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's Statement to the Board
Copy of DD Form 214
VA' decision on Applicant's claim dtd Sep 1, 1999
Copy of applicant's medical record (154 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               891209 - 951206  HON
                                             860603 - 891208  HON
         Inactive: USNR (DEP)     850607 - 860602  COG

 Period of Service Under Review :
Date of Enlistment: 951207               Date of Discharge: 980610

 Length of Service (years, months, days):

         Active: 02 06 04
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 12                        AFQT: 30

 Highest Rate: ABH1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 2.67 (3)                OTA: 3.57 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR, MUC, NEA, GCM(3), OSR(3), NDSM, LOC

 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 :

951207:  Reenlisted for a term of four years at NAS Whiting Field, FL.

 960808:  Medical Dept, USS ABRAHAM LINCOLN: PRT screen, overweight status, BF - 25 %, No known drug allergies, fit for physical conditioning, return as necessary.
971126:  Advancement to ABHC withdrawn due to receiving a grade of 1.0 for failure to comply with one or more physical readiness standards.

971202:  Counseling: Applicant advised that he failed the OCT 97 physical readiness test by failing the 1.5 mile run 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).

980109:  Branch Medical Clinic Everett: Applicant participated in low fat/low cholesterol, calorie counting nutritional class as required by placement on the Remedial PRT program. WT - 240 pounds, % BF - 25.

980522:  Applicant signed a statement acknowledging that he had failed his third Physical Readiness Test (PRT) due to body fat standards and the run portion of the PRT and that he would be processed for administrative separation.

980602:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of weight control failure and failure to pass the physical readiness test as evidenced by Risk Factor Screening/Physical Test Results.
980602:  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.
980604:  CO, USS ABRAHAM LINCOLN (CVN 72) directed the applicant's discharge with general (under honorable conditions) by reason of weight control failure and/or physical test results. Commanding officer’s comments (verbatim): "ABH1 (Applicant) has failed to meet the Physical Readiness Standards three times. His last failure was 15 Apr 98. ABH1 (Applicant) was counseled on the consequences of continued PRT deficiencies, but failed to meet Navy standards. Per reference (a) (MILPERSMAN Chapter 1910), I authorize that he be separated from the naval service by reason of weight control failure and or physical Readiness Test Failure, and that his discharge be characterized as General."

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 980610 with a general (under honorable conditions) for weight control failure and 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 inequitable (D and E).

The Board, after reviewing the applicant’s service record, grants relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. The Board determined that the applicant’s performance evaluation averages and absence of violations of the UCMJ warrants an upgrade to Honorable, however, the reason for discharge will 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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