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NAVY | DRB | 2002_Navy | ND02-00348
Original file (ND02-00348.rtf) Auto-classification: Denied


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

ex-SH3, USN
Docket No. ND02-00348

Applicant’s Request
The application for discharge review, received 020211, 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 021029. 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 1910-170 (formerly Article 3620260).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Need Upgrade discharge to Honorable in order to receive G.I. Benefits. Currently attending School!!

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     911015 - 920401  COG

 Period of Service Under Review :
Date of Enlistment: 920402               Date of Discharge: 980213

 Length of Service (years, months, days):

         Active: 05 10 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 35

 Highest Rate: SH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (4)    Behavior: 3.50 (4)                OTA: 3.65        4.0 evals
 Performance: 3.00 (2)    Behavior: 2.00 (2)                OTA: 2.83        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, BER (2), HSM, JMU, USCGUC, USCGSOR, AFEM (2), SASM, SSDR, NDSM

 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 1910-170 (formerly Article 3620260).


 Chronological Listing of Significant Service Events :

900402:  Enlistment physical: Weight: 203 pounds.

 950325:  Applicant counseled concerning weight. Has failed 2 PRT's due to weight. Present weight 233 pounds, body fat: 26 1/2%. A: Obesity. P: 1) Educated about health risks of obesity. 2) Record daily meals/calorie count for 1 week. 3) F/U 1 week. 4) Wishes to attend weight loss clinic. Applicant will check on this.
950420:  Medical entry: 21 yo WM, obese, requests counseling for weight control. Provisional Diagnosis: Exogenous obesity.
950622:  Medical entry: Weight 233 pounds. Body fat: 31%.

960401:  Applicant enlistment extended for 24 months.
960509:  Medical entry: Periodic: Weight: 230 pounds. Body fat: 22%.

970627:  NJP - no further information found in service record. [Extracted from NAVPERS 1070/604, awards.]
970829:  NJP - no further information found in service record. [Extracted from NAVPERS 1070/604, awards.]

980212:  Medical entry: Separation: Weight 233 pounds. Qualified for separation.

980213:  DD Form 214: Applicant discharge general (under honorable conditions) by reason of weight control failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged with a characterization of service as General (under Honorable conditions) for weight control failure on 980213. 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 and equitable (D and E).

The Applicant's presented one issue. He requested that his discharge be upgraded to an Honorable in order for him to receive the benefits of the GI Bill. The Veterans Administration determines eligibility for post-service benefits. The Navy Discharge Review Board has no authority to recommend or deny any benefit provided by the Veterans Administration. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The following is provided for the benefit of the Applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Relief denied.

 The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge. The application package must be submitted to the NDRB prior to the expiration of the 15 year period. A personal appearance is suggested, but does not guarantee any change in the current characterization of service. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.

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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