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NAVY | DRB | 2004_Navy | ND04-00492
Original file (ND04-00492.rtf) Auto-classification: Denied


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

ex-ET2(SS), USN
Docket No. ND04-00492

Applicant’s Request
The application for discharge review was received on 20040203. 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 20040922. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB. However, the board did find an inequity in this case. The Board’s vote was 4-1 that the character of the discharge shall change. The discharge shall change to: HONORABLE/WEIGHT CONTROL FAILURE, authority MILSPERSMAN 3620250.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I was discharged for being over my required body fat percentage. There are no other substandard occurrences in my records. My evaluations from my time served on active duty reflected the pride and diligence with which I performed my duties on a daily basis. I recently tried to reenter in the Naval Reserves and was told the my re-entry code(RE-4) and discharge (General Under Honorable conditions) were uncharacteristic of such circumstances previously mentioned in this section. I am now well within Naval standards for height/weight and body fat percentage. I would appreciate the opportunity to serve my country in the Naval Reserves and to utilize the GI Bill for my education.”

 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: USMC            Not able to determine    HON
         Inactive: USNR (DEP)     920114 - 920405  COG
         Active: USN                        920406 - 940821  HON

 Period of Service Under Review :
Date of Enlistment: 940822               Date of Discharge: 970228

 Length of Service (years, months, days):

         Active: 02 06 07
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 12                        AFQT: 46

 Highest Rate: ET2(SS)

 Final Enlisted Performance Evaluation Averages (number of marks):
        
Performance: 4.00 (3)    Behavior: 2.99 (3)                OTA: 3.95 (3)   

Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, AFSM, NAM, SSDR, ESBI (Silver Dolphins)

 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 :

940822:  Applicant reenlisted for 6 years.

950331:  Applicant completed Level III treatment.

 951114:  Applicant failed first PRT. Weight: 238 pounds. Body Fat: 23%. [Extracted from message to BUPERS, dated 970212.]
960826:  Applicant failed second PRT. Weight: 235. Body Fat: 26%. [Extracted from message to BUPERS, dated 970212.]
970212:  Applicant failed third PRT. Weight: 249. Body Fat: 24.5%. Applicant does not desire a waiver and being processed for ADSEP due to weight control failure. [Extracted from message to BUPERS, dated 970212.]
970214:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of weight control failure as evidenced by failure to achieve prescribed physical readiness standards.
970219:  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.

970306:  Commanding Officer directed discharge with a general (under honorable conditions) by reason of weight control failure due to not meeting the prescribed physical readiness standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970228 with a general (under honorable conditions) for weight control failure (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 Applicant’s records indicated an honorable discharge was warranted. Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
 03 Oct 96 until 11 Dec 97, Article 3620260, SEPARATION OF ENLISTED PERSONNEL BY REASON OF WEIGHT CONTROL FAILURE.

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
 03 Oct 96 until 11 Dec 97 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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