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NAVY | DRB | 2000_Navy | ND00-00965
Original file (ND00-00965.rtf) Auto-classification: Denied


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

ex-SKSN, USN
Docket No. ND00-00965

Applicant’s Request
The application for discharge review, received 000808, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010215. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety 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 /WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. (Propriety Issue) This former member avers that her DD-214 was incorrectly completed and that she should have been issued an Honorable discharge as evidenced by her service record.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Evaluation Report & Counseling Record for 95Feb01 to 96Jan15
Copy of Letter of Appreciation
Copy of citation
One hundred and forty-nine pages from applicant's service/medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940521 - 940613  COG     

Period of Service Under Review :
Date of Enlistment: 940614               Date of Discharge: 960807

 Length of Service (years, months, days):

         Active: 02 01 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: Unknown                  AFQT: Unknown

 Highest Rate: SKSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 3.00 (1)                OTA: 3.17        5.0 eval

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER, OSR, SSDR

 Days of Unauthorized Absence: None

 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 :

940519:  Report of Medical Examination: Weight: 150 pounds on 940614. Overweight by 8 pounds/OK'd by bodyfat of 32%.
950428:  Weight: 162 pounds, body fat 32%.

950510:  Placement on Mandatory PT Program/counseling: Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements and advised that to remain eligible for continued service she must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing. Mandatory PT Program Regimen provided to applicant.

950603:  Counseling: Applicant advised that she failed the physical readiness test by failing the height/weight/body fat 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).

951012:  Weight: 158 pounds, body fat 32%.

951031:  Counseling: Applicant advised that she failed the physical readiness test [by failing the height/weight/body fat] 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).

951031:  Placement on Mandatory PT Program/counseling: Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements and advised that to remain eligible for continued service she must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing. Mandatory PT Program Regimen provided to applicant.

951218:  Medical Evaluation: Assessment: Obesity, genetic predisposition, no medical etiology.

960111:  Applicant counseled by nutritionist and given guidelines for proper food intake and developing an effective exercise program.

960226:  Applicant evaluated and not recommended for Level II because she has no psychological basis for her overeating.

960517:  Weight: 164 pounds, body fat: 33%.

960528:  Placement on Mandatory PT Program/counseling: Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements and advised that to remain eligible for continued service she must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing. Mandatory PT Program Regimen provided to applicant.

960624:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions by reason of weight control failure as evidenced by failure to achieve prescribed physical readiness standards.
960624:          Applicant advised of her 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.

960711:  Commanding officer directed honorable by reason of weight control failure due to not meeting the prescribed physical readiness standards. Commanding officer’s comments: (verbatim): SKSN (applicant) has been counseled regarding her inability to achieve Navy physical fitness requirements. She lacks the motivation and desire to achieve Navy weight standards as evidenced by her lack of progress to meet bodyfat criteria. Therefore, SKSN (applicant) has been separated from naval service with an Honorable discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 960807 general (under honorable conditions) for weight control failure or physical standards (failed to meet the minimum prescribed physical readiness (PRT) 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 improper (D and E).

The applicant’s representative submitted the following issue: “ (Propriety Issue) This former member avers that her DD-214 was incorrectly completed and that she should have been issued an Honorable discharge as evidenced by her service record.” The Board found that the applicant’s commanding officer had indeed directed an honorable discharge for weight control failure. The Board, after thoroughly examining the applicant’s service record, could find no misconduct or counseling entries and noted that her overall performance marks support an honorable discharge. Accordingly, the Board has determined that the applicant’s discharge shall change to honorable/ weight control failure. Relief granted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3620260, SEPARATION OF ENLISTED PERSONNEL BY REASON OF WEIGHT CONTROL FAILURE

B. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 12, effective 21 Dec 94 until 02 Oct 96, Article 3420440, 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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