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NAVY | DRB | 2001_Navy | ND01-00486
Original file (ND01-00486.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND01-00486

Applicant’s Request
The application for discharge review, received 010309, 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 010907. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but found inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the discharge shall change to: HONORABLE/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I would like to have my discharge upgraded, so I can go to school for Pusco County Corrections. Currently they will not let anyone enroll with a military record, that state's anything but a honorable discharge will not be a candidate for a position with the sheriffs office.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910531 - 920126  COG

 Period of Service Under Review :
Date of Enlistment: 920127               Date of Discharge: 960401

 Length of Service (years, months, days):

         Active: 04 02 05
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 90

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73 (3)    Behavior: 3.93 (3)                OTA: 3.87

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NMOSR (2), GCM

 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 :

910531:  Enlistment Physical Examination Report: Present weight 221. Maximum weight: 197. Body fat: 24%. Maximum Body Fat: 24%. 24 pounds overweight on 920127. Qualified for enlistment in Navy.
921216:  Applicant placed on limited modified duty for 1 month.
 930120:  Applicant to continue the special physiotherapy for 1 more month. Light (modified) duty 1 month. Watch your body weight.
930317:  Applicant placed on light duty for 2 months.

 950221:  Recommend command Level I physical conditioning program. A: Cleared for Level I, exceeds BF standards.
950223:  Applicant removed from physical conditioning program.

 950810:  Applicant place on limited duty for 7 days for bilat hamstring strain. No running. Return to clinic for follow up in 7 days to determine PRT status.

960308:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions by reason of weight control failure as evidenced by failing three physical readiness test cycles in the past four years.
960308:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960314:  Commanding officer directed discharge with general (under honorable conditions) by reason of weight control failure due to not meeting the prescribed physical readiness standards.

960320:  Member was interviewed this date in accordance with MILPERSMAN 3620220 and the provisions of voluntary separation under this Article were explained to the member. Member desires to separate and has been issued the reenlistment code RE-3T, recommended for reenlistment, but disqualified due to weight control failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960401 general (under honorable conditions) for weight control failure (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 proper but not equitable (D and E). In accordance with NAVMILPERSMAN Article 3620260, separation of enlisted personnel for weight control failure should be characterized as Honorable unless a General discharge is warranted. The member’s performance evaluation record is the bases for determining whether a General discharge is warranted. The applicant’s service record was void of any documented misconduct, throughout his entire enlistment, and his performance marks rated an Honorable discharge (3.73 in performance, 3.93 in behavior and 3.87 overall trait average). The applicant’s discharge shall be changed to Honorable. 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 “ afls10.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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