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

 ex-HN, USN
Docket No. ND99-00744

Applicant’s Request

The application for discharge review, received 990505, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000214.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service.  The Board’s vote was four to one that the character of the discharge shall change.  The discharge shall change to:  HONORABLE /Other physical/mental conditions - obesity, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority, should read:  "MILPERSMAN 3620200" vice "3620250", and Block 28, Narrative Reason for Separation should read:  “Other physical/mental conditions - obesity” vice “NEITHER RETIREMENT NOR SEVERANCE PAY AUTHORIZED”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  To whom it may concern.  I very respectfully request my discharge be upgraded to Honorable.  My discharge was based on myself being overweight.  I had no improper conduct in my military record.  I've also had no improper conduct in my military record.  I've also had no criminal record before or after military service.  I request an Honorable upgrade, so as I may use my benefits I paid into under Montgomery GI Bill, and other benefits I feel I've earned.  This will help me better myself thru Education and to become a contributing member of Society.  Thank you for consideration.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:  USNR (DEP)	860903 - 860904	COG

Period of Service Under Review:

Date of Enlistment:  860905		Date of Discharge:  890818

Length of Service (years, months, days):

	Active:    02  11  14
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  60

Highest Rate:  HN (E-3)

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.27 (3)	Behavior:  3.13 (3)		OTA:  3.3

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - obesity, authority:  NAVMILPERSMAN, Article 3620200. (Administratively corrected.)

Chronological Listing of Significant Service Events:

850930:	Enlistment Physical Examination Report:  HT - 69½", WT - 189 lbs, BUILD - Medium.  Qualified for enlistment.   860829:  Re-evaluation with report of HT - 69", WT - 191 lbs.

881208:	Acknowledged receiving adverse marks on performance evaluation for period 1FEB88 to 9 DEC88 - 2.8 in Initiative, 2.8 in Military Bearing and 2.8 in Personal Behavior.  Applicant elected to make a statement.
	Recommendation for advancement in rate withdrawn.

890124:	Counseling:  Advised of deficiency (financial indebtedness to various financial institutes - applicant advised command of this problem on his own accord), notified of corrective actions and assistance available.

890209:	Medical Evaluation (Branch Clinic, MCB, Camp Lejeune, NC:  HT - 69", WT - 264 lbs, %Body Fat - 30.  This 20 year old white male present for weight control eval.  Pt reports gaining approximately 40 lbs in last 12-16 months.  He feels is related to stressful events.  No symptom of hypothyroism.  Has family history of obesity - brother weighs 360.  No steroid use.  Has not had rigorous PT program. 
	Assessment/Plan:  Fit for weight control program of exercise and diet.  Diet consult given.

890209:	Placement on Commands Remedial Physical Training Program due to failure to meet weight standards with weight as 264 pounds, body fat percent of 30.  Advised that he had six months to conform to the weight/body fat standards and failure to meet body fat standard of 26% can be grounds for separation processing. 

890307:	Measured at 30% body fat and weight as 261 pounds.

890407:	Measured at 30% body fat and weight as 260 pounds.

890518:	Placement on Commands Remedial Physical Training Program due to failure to meet weight standards with weight as 260 pounds, body fat percent of 32.  Advised that he had six months to conform to the weight/body fat standards and failure to meet body fat standard of 26% can be grounds for separation processing.

890607:	Measured at 29% body fat and weight as 252 pounds.

890621:	Counseling:  Applicant advised that he failed the physical readiness test due to obesity, been examined by an authorized medical department representative and have no medical conditions that preclude me from meeting prescribed standard.  Applicant enrolled in the command’s sponsored physical conditioning program.  Sources of assistance included.  Advised if obese after the third consecutive official PRT, you will be processed for administrative separation.

890707:	Measured at 28% body fat and weight as 257 pounds.

890720:	Measured at 29% body fat and weight as 254 pounds.

890721:	Acknowledged receiving derogatory remarks on performance evaluation for period 89JAN14 to 89JUL19.  Applicant elected to make a statement.

890810:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government due to other physical/mental conditions - obesity as evidenced by failure to demonstrate any motivation or desire to conform to military weight and appearance standards after bieng placed on a formal six month weight reduction program..

890810:  	Applicant advised of his rights.  

890815:	Commanding officer recommended discharge under honorable conditions (general) by reason of convenience of the government due to obesity.  Commanding officer’s comments (verbatim):  "I have thoroughly reviewed HN (Applicant)'s Service and Health Records.  He has a long standing history of non-compliance with Navy weight and appearance standards which is documented on his Enlisted Performance Evaluation.  Upon reporting to this command in January 1989, HN (Applicant) was formally placed on a six month weight reduction/physical fitness program which included dietary .....................participation physical fitness program monitored by his Senior Medical Department Representative.  Despite these measures as well as frequent counseling by the Senior Medical Department Representative, HN (Applicant) failed to demonstrate any satisfactory progress whatsoever.  His professional performance is average, and he continues to present an extremely poor appearance in uniform, and as a result of his obesity, has great difficulty in successfully meeting the rigorous physical demands of duty with the Fleet Marine Force.  His..............any weight loss during the command directed program to which he was assigned is solely the result of HN (Applicant)'s poor motivation toward weight reduction.  It is evident that further counseling will have no tangible impact on this member's attitude toward his physical appearance or the Navy in general, and that he is not motivated in the least.  Therefore, it is strongly recommended that he be administratively separated from Naval Service."

890818:	CG, 2D MARINE DIVISION approved the applicant's discharge under honorable conditions (general) by reason of convenience of the government due to obesity.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 890818 under honorable conditions (general) for convenience of the government by reason of other physical/mental conditions - obesity (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 inequitable (D and E).

In response to applicant’s issue 1, the Board found that, after reviewing the applicant’s service record, the applicant’s discharge was proper but inequitable.  The character of the discharge shall change to Honorable based on the applicant’s service record. However, the reason for discharge, Other Physical/Mental Conditions – obesity, shall remain the same.  Relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Dec 89, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560A, effective 15 Jun 87 until 11 Oct 90, Article 3620250, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF OBESITY.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023