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NAVY | DRB | 2003_Navy | ND03-01037
Original file (ND03-01037.rtf) Auto-classification: Denied


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

ex-RM3, USN
Docket No. ND03-01037

Applicant’s Request
The application for discharge review was received on 20030528. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040415. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 1910-170 (formerly Article 3620260).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated in attachment to the application:

1. “At the time if my discharge briefing with my co C_ M_ he stated that although my service had been commendable that it was his policy to characterize the discharge of people who failed the prt as general under honorable. I had no problem completing the push-up & sit-up portion of the test due to a problem with my knee which has worsened to this day. My reenlistment code states the I could return to active duty or a reserve component but first I would have to pass the prt which I am unable to do because of my knee. I am seeking an upgrade in my discharge to honorable so that I may atleast use my GI Bill to attend college II tried once but was told that due to the type of discharge that I did not qualify to use my G1 Bill monies which is the reason the I entered the military in the first place so that I could further my education. Thank you for your time and consideration in this matter.”

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     950308 - 950328  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950329               Date of Discharge: 980107

 Length of Service (years, months, days):

         Active: 02 09 09
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 67

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF*            OTA: NMF*

 Military Decorations: None

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

 Days of Unauthorized Absence: None

*No marks found in service record.

 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 :

940525:  Enlistment Physical Examination Report: Initial weight: 203 pounds
                  940525: Weight: 31 pound increase, 27% BFD max 23%.
                  940920: Weight 20 pound increase 209 BFD max 23%.
                  950308: Weight 189 pounds, 17 pound increase BFD max 22%
                  950329: Weight 188 pounds, 16 pound increase BFD 22%.

 961106:  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 he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.

961106:  Counseling: Applicant advised that he failed the 11/96 physical readiness test by failing the weight/body fat and running and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Weight 212. Body Fat: 24%.

970121:  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 he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.]

970519:  Counseling: Applicant advised that he failed the 5/97 physical readiness test by failing the weight/body fat and running and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Weight 207. Body Fat: 24%. [Extracted from memorandum for Command PRT coordinator, dated 971209.]

970620:  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 he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.

971121:  Applicant failed the 1.5 mile run and due to Navy’s Physical Readiness three strike rule, it is recommended Applicant be processed for administrative separation. [Extracted from memorandum for Command PRT coordinator, dated 971209.]
980106:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of failure to pass the physical readiness test as evidenced by failure to achieve prescribed physical readiness standards.
980106:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980115:  Commanding Officer directed discharge with a general (under honorable conditions) by reason of failed the physical readiness test due to not meeting the prescribed physical readiness standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980107 with a 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 and equitable (D and E).

Issue 1: In the Applicant’s case, the Board discovered no impropriety or inequity and thereby, considered the Applicant’s discharge proper and equitable. A characterization of service general under honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service record is marred by failure to meet physical fitness standards on three separate occasions, to include the appropriate counseling and discharge warnings . The Applicant’s summary of service clearly reflects the Applicant ’ s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade to honorable would be inappropriate. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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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