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NAVY | DRB | 2003_Navy | ND03-00835
Original file (ND03-00835.rtf) Auto-classification: Denied


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

ex-EM2, USN
Docket No. ND03-00835

Applicant’s Request
The application for discharge review was received on 20030407. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040303. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: HONORABLE/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I served honorably in the U.S. Navy for 7 years. I was then discharged for being over the Body Fat limit. I followed all guidelines for physical training from the time of my first physical readiness test until discharge. The only bad marks on my evaluations were due to P.R.T. failures. I followed my end of my contract, then the contract was broken against my will. I believe I am entitled to an Honorable Discharge.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910328 - 910717  COG
         Active: USN                        910718 - 930826  HON

 Period of Service Under Review :
Date of Enlistment: 930827               Date of Discharge: 980810

 Length of Service (years, months, days):

         Active: 04 11 14
         Inactive: None

 Age at Entry: 20                          Years Contracted: 6

 Education Level: 12                        AFQT: 70

 Highest Rate: EM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 4.00        4.0 evals
 Performance: 3.50 (4)    Behavior: 2.50 (4)                OTA: 3.18        5.0 evals

 Military Decorations: None

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

 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 :

930827:  Applicant reenlisted for 6 years.

970523:  Counseling: Applicant advised that he failed the [05/97] 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). Body Fat 23%.

971222:  Counseling: Applicant advised that he failed the [11/97] 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). Body Fat 28%.

980708:  Applicant failed third cycle physical readiness. Body Fat 28%.

980709:  Applicant notified of intended recommendation for discharge with a characterization of general (under honorable conditions) by reason of weight control failure.
980709:  Applicant advised of 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.

980714:  Commanding Officer recommended discharge with a characterization of general (under honorable conditions) by reason of weight control failure and or physical readiness test failure. Commanding Officer’s comments (verbatim): [Petty Officer S_ (Applicant) has failed to come in line with the Navy’s weight control standards. He has made no progress since his second failure. Petty Officer S_ (Applicant) was afforded the opportunity to attend Level III treatment and he declined. Accordingly, he has no potential for productive naval service. By separate action he was disqualified for duty in submarines. I strongly recommend that he be separated from the naval service and his service be characterized as General. Enclosures (1) through (4) provide supporting documentation for Petty Officer S_’s (Applicant’s) administrative separation.]

980731:  Commander, Submarine Group 9 directed the Applicant's discharge with a characterization of general (under honorable conditions) by reason of weight control failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980810 with a characterization of general (under honorable conditions) 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 not equitable (D and E).
Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. There was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.


 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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