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NAVY | DRB | 2003_Navy | ND03-01072
Original file (ND03-01072.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND03-01072

Applicant’s Request
The application for discharge review was received on 20030605. 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 20040812. 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)/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “ I feel that my military discharge should be changed because of the person I’ve become. In the last 11 years I have earned my Associates in Social Science and I am currently taking online courses in Criminal Justice so that I my pursue a career in Law enforcement in the Criminal Investigation Unit.

I was very heartbroken at the time of my discharge from the Navy because I had just lost my father to cancer. And at that time I couldn’t cope with myself as well as the Navy. I went to the Chaplin for counseling but it just didn’t help. I look back at that time in my life and can honestly say the military strengthened me to go on and go back to school and pursue my goals and dreams. Therefore, I am requesting that my DD 214s discharge status change because I am not sitting doing nothing with my life, I am grateful for the change I got to see the world and grow in my own personal endeavors.”

 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)     930618 - 931017  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 931018               Date of Discharge: 960627

 Length of Service (years, months, days):

         Active: 02 08 10
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (1)    Behavior: 3.60 (1)                OTA: 3.20        4.0 evals
 Performance: 1.00 (2)    Behavior: 1.00 (2)                OTA: 1.50        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, BER (2), 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 :

930618:  Enlistment Physical Examination Report: Height: 60 ½ inches. Weight: 119 pounds.
950215:  Medical Department: Depression since January. Has been having suicidal thoughts but has no/has never had any plans.
950217:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on 950217.
         Award: Forfeiture of $427 per month for 1 month, restriction and extra duty for 30 days, reduction to FR. No indication of appeal in the record.
951106:  Physical examination: Height: 62 inches. Weight: 152 pounds.

 951205:  NAVHOSP, Yokosuka: Education on Basal body temperature and preparation for pregnancy. Applicant stated has gained 30 pounds in last 2 years. Home pregnancy positive on 951203, will repeat on 951207 if positive will report to OB/GYN.

 960620:  Report of Medical Examination: Height: 61 inches. Weight: 150 pounds.

 960620:  Applicant escorted to medical by MAA. Applicant does not want to be on the ship any longer. Desires to get off of the ship when we pull in Guam. Losing her sanity and may hurt herself or someone else. My diet has gone to hell.
960627:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of weight control failure due to not meeting the prescribed physical readiness standards.

NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960627 with a general (under honorable conditions) for weight control failure or physical standards (failed to meet the minimum prescribed physical readiness (PRT) standards (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1. T he Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for violation of article 86 UCMJ.
In addition, the summary of service clearly documents that weight control failure was the reason the applicant was discharged. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief is denied.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), 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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