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NAVY | DRB | 2004_Navy | ND04-00278
Original file (ND04-00278.rtf) Auto-classification: Denied


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


ex-DT3, USN
Docket No. ND04-00278

Applicant’s Request
The application for discharge review was received on 20031201. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - obesity, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
No issues were submitted by the Applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Employment Reference Letter dated October 15, 2003
 Transcript from Georgia Perimeter College (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920220 - 930118  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 930119               Date of Discharge: 981002

 Length of Service (years, months, days):
         Active: 05 08 14
          Inactive: None
Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 86
Highest Rate: DT3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (5)    Behavior: 2.24 (5)                OTA: 3.17

 Military Decorations: None
Unit/Campaign/Service Awards: GCM, NDSM, JMUA, SSDR(2), BATTLE”E”(3), AFEM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/Other physical/mental conditions - obesity, authority: NAVMILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

980505:  Counseling: Advised of deficiency (Measured out of standards for the second time and failed the run portion on the April 1998 PRT for the third time), notified of corrective actions and assistance available.
980728:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government due to failure to meet the physical readiness standards as evidenced by your documented failure of three cycles of the Navy Physical Readiness Test, dated 950925, 971029, and 980417, within a 4 year period.
980730:  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.
980806:  Commanding Officer directed the Applicant’s discharge under honorable conditions (general) by reason of convenience of the government due to failure to meet the physical readiness standards as evidenced by physical readiness test (PRT) failure.
980901:  SJA review determined the case sufficient in law and fact.
980911:  Commanding General, 2d Force Service Support Group directed the Applicant's discharge under honorable conditions (general) by reason of convenience of the government due to failure to meet the physical readiness standards as evidenced by physical readiness test (PRT) failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981020 with a general (under honorable conditions) for convenience of the government by reason of failure to meet the physical readiness program physical readiness test (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 and equitable (D and E).
The Applicant introduced no decisional issues for consideration by the Board.

 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 failed to meet the
physical readiness standards as evidenced by his documented failure of three cycles of the
Navy Physical Readiness Test, dated 950925, 971029, and 980417, within a 4 year
 period. An upgrade to honorable is inappropriate. Relief denied.

 The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant’s evidence of post-service conduct was found not to mitigate the negative aspects of his record of service sufficient to warrant an upgrade. Therefore, no relief will be granted.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B . The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620250, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF FAILURE TO MEET THE PHYSICAL READINESS STANDARDS (OBESITY/PHYSICAL READINESS TEST (PRT) FAILURE)
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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