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NAVY | DRB | 2000_Navy | ND00-00479
Original file (ND00-00479.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND00-00479

Applicant’s Request
The application for discharge review, received 000306, requested that the characterization of service on the discharge be changed to Honorable or Entry level separation or uncharacterized. The applicant requested a documentary record discharge review. The applicant listed a civilian counsel as his representative on the DD Form 293. Subsequent to the application, the civilian counsel withdrew from the case.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000928. 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: GENERAL (UNDER HONORABLE CONDITIONS)/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Prt record of 3 failure.

2. Time lost during period were 97 Mar 15 - 97 Mar 26.

3. Leave Chit was during time also approved by Chain of Command.

Documentation
In addition to the service record, NO DISCHARGE INFORMATION AVAILABLE, the following additional documentation, submitted by the applicant, was considered:
Copy of Leave Request Authorization

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940311 - 940912  COG

 Period of Service Under Review :
Date of Enlistment: 940913               Date of Discharge: 970731

 Length of Service (years, months, days):

         Active: 02 10 18
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (12 months extension)

 Education Level: 11                        AFQT: 45

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 1.66 (3)                OTA: 2.61

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM,HSM, SSDR(2), MUA, Rifle Marksman (M16), CGMUC, CGOSR, NAVY"E"RIBBON

Days of Unauthorized Absence: 12

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

GENERAL (UNDER HONORABLE CONDITIONS)/ WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.

 Chronological Listing of Significant Service Events :

The applicant’s discharge package was not available.

970315:  Applicant on unauthorized absence from NMCB FOUR at Port Huneme, CA.
970326:  Applicant surrendered on board NMCB FOUR at Port Huneme.

970610:  NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from NMCB Four, CBC Galley from 0430 to 0610, 970306; Spec 2: UA from NMCB Four from 970315 to 970326 [12days/S]; violation of UCMJ Article 92: (2 Specs), Spec 1: Failed to obey NMCBFOURINST1050.1G by wrongfully failing to properly check out on leave; Spec 2: Failed to obey Art. 2201 (3), uniform regulation, by not shaving.
         Award: Forfeiture of $505.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
970701:  Commanding Officer, U.S. Naval Mobile Construction Battalion FOUR authorized discharge with General (under Honorable conditions) by reason of weight control failure due to not meeting the prescribed physical readiness standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970731 a General (under Honorable conditions) for weight control failure (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issues 1, 2 and3, the Board determined these issues are non-decisional issues and require no further comment. Relied denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
 03 Oct 96 until 11 Dec 97, Article 3620260, SEPARATION OF ENLISTED PERSONNEL BY REASON OF WEIGHT CONTROL FAILURE.

B. 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.

C. 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.

D. 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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