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NAVY | DRB | 2006_Navy | ND0600261
Original file (ND0600261.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-BM3, USN
Docket No. ND06-00261

Applicant ’s Request
The application for discharge review was received on 20051122 . The Applicant requests the Discharge 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 designate a representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20061012 . 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) by reason of weight control failure .

.

PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant ’s issues, as stated on the application:
“ I was d ischarged with the reason of my weight. I served 7 ½ years and did receive my good conduct medal. This request is in no way shape or form an attempt to collect any benefits. I just would like to change my discharge to an hono rable one. I feel I served my c ountry proudly and honorably. Thank you. ”
Documentation
Only the service and medical record s were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19861122 - 19870614       COG
          Active:  USNR     19870615 - 19870701      ELS
         Inactive:        USNR (DEP)       19880421 - 19880522      COG
          Active: USN      19880523 - 19920416      HON

Period of Service Under Review :
Date of Enlistment: 19920417              Date of Discharge: 19950922

Length of Service (years, months, days):

          Active: 0 3 0 5 0 6
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

Age at Entry: 22

Years Contracted: 4 ( 7 -month extension)

Education Level: 12                                 AFQT: 34

Highest Rate: BM 3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (6 )                        Behavior: 3.3 ( 6 )        OTA: 3.30

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Southwest Asia Service Medal w/Bronze Star (2 nd ), Sea Service Deployment Ribbon , Armed Force Expeditionary Medal w/Bronze Star , Battle “E” Ribbon


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

(GENERAL) UNDER HONORABLE CONDITIONS/WEIGHT CONTROL FAILURE, authority: MILPERSMAN, Article 3620260.
Chronological Listing of Significant Service Events :

920417 :  Reenlisted this date for a term of 4 years.
920630:  Body Composition Screen: Weight: 217 pounds. Body Fat: 27%.
921204:  Body Composition Screen: Weight: 217 pounds. Body Fat: 22%.

 930819:  Body Composition Screen: Weight: 215 pounds. Body Fat: 26%.

 930820:  Branch Medical Clinic, San Diego, CA , D_ S_, HMC, IDO : Current Body Fat: 26%.
                   A: High Body Fat percentage secondary to overeating/lack of exercise.
 P: 1. Dietary consult – already done. 2. Level I: (Command sponsored P.T.).
940314:  Body Composition Screen: Weight: 214 pounds. Body Fat: 22%.

 940810:  Body Composition Screen: Weight: 214 pounds. Body Fat: 25%.

 940812:  Branch Medical Clinic, Naval Station, San Diego, CA , A. T. P_, FNP : Current Body Fat: 25%.
          A: High Body Fat percentage secondary to overeating/lack of exercise/Thyroid Disease.
         P: (2) Level I (Command sponsored P.T.) (3) Waive PRT - physical outdated – add Thyroid panel to labs for physical. (4) Scheduled physical.
940930:  Report of Medical Examination with G_ (R_) S_, M.D.: Five year physical: Recommendations: Reduce fatty foods and exercise. Follow up MSC. Applicant found medically qualified.
941128:  Clinic , R. G. D_, CAPT, Endocrinology Staff: Applicant seen for hyperlipidemia.
         Plan: (1) Dietary consult today. (1) Advised regarding reg ular exercise program 30-45 ’ /d. (3) Stop smoking. (4) Return to clinic in 3 months after repeat lipid.

950117:  Body Composition Screen: Weight: 218 pounds. Body Fat: 22%.

950411:  Applicant was advised that upon checking into USS FORT FISHER (LSD-40) that he failed to meet the Physical Readiness Standards of OPNAVINST 6100.1D due to obesity. Applicant was previously examined by an authorized medical department representative and ha s no medical conditions that preclude participation in physical training. Applicant enrolled in the command’s Physical Conditioning Program. Applicant aware of the administrative and statutory actions for members who are diagnosed obese, which are: to not be recommended for advancement/promotion/commissioning; any pending advancement/promotion/commissioning will be delayed, which will delay the effective date of advancement/date of rank for pay purposes; to not be eligible for frocking nor be eligible for reenlistment/retention/redesignation; to have an EVAL/FITREP entry made, and that I normally will not be eligible for PCS/TEMD orders. If I am obese after the third consecutive official PRT that I may be separated from the Naval Service.

 950531 :  NJP for violation of UCMJ, Article 91: Disrespect t owards a superior petty officer.
Violation of UCMJ, Article 92: Failure to obey order or regulation.
         Award: Forfeiture of $ 1 00 per month for 1 month, restriction and extra duty for 2 0 days, reduction to E- 3 (suspended for 6 months) . No indication of appeal in the record.
950601:  Body Composition Screen: Weight: 214 pounds. Body Fat: 25%.
950822 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general by reason of convenience of the government on the basis of weight control failure as per MILPERSMAN 3620260 as e videnced by failure to achieve prescribed physical readiness standards as outlined in OPNAVINST 6110.1 and the guidelines of Article 3420440.

950822 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

950822 :  Commanding Officer, USS FORT FISHER (LSD 40) , recommended Applicant ’s discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of weight control failure . Commanding Officer’s comments: “ BM3 B_( Applicant )’s performance throughout his career has been generally substandard and his personal behavior and professional performance has not been that expected of a petty officer. His recent NJP for violation of the UCMJ, articles 91 and 92, serves as examples of his poor work ethic and attitude. According to the medical diagnosis, BM3 B_( Applicant )’s condition renders him incapable of serving adequately in the Naval service, however, coupled with his poor work performance, I strongly recommend that his characterization of discharge should be general as per MILPERSMAN 3620260 .”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19950922 by reason of weight control failure (A and B) with a service characterization of general ( under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was p roper and equitable (C and D).

The Applicant desires an upgrade based on quality of service. When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service as Honorable. Characterization of service as General (Under Honorable Conditions) 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. There is irrefutable evidence that the Applicant’s conduct during his time in the Navy was not honorable. Indeed, the Applicant’s records contain a n onjudicial punishment proceeding on 19950531 for violation s of UCMJ Article 91 Disrespect towards a superior petty officer and Article 92 Failure to obey order or regulation. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore 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 documentation to support post-service accomplishments or any other evidence related to the 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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