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

    

 ex-IC3, USN
Docket No. ND99-00940

Applicant’s Request

The application for discharge review, received 990702, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 000317.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall change to: HONORABLE/WEIGHT CONTROL FAILURE, authority: NAVMILPERSMAN, Article 3620260.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was discharged do to body weight but I was a good sailor.  I was discharge 6 months before my EAOS.

Documentation

Only the service and medical records were considered, as the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	920803 - 920809	COG

Period of Service Under Review:

Date of Enlistment:  920810		Date of Discharge:  960408

Length of Service (years, months, days):

	Active:    03  07  29
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  59

Highest Rate:  IC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.6 (4)	Behavior:  3.2 (4)		OTA:  3.52

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, N"E"R(2), NDSM, SSDR(2), SWSM(w/1Bronze Star), KLM 

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/WEIGHT CONTROL FAILED, authority:  NAVMILPERSMAN, Article 3620260.

Chronological Listing of Significant Service Events:

920803:	Enlistment Physical Examination Report:  HT - 68", WT - 201 lbs, Build - Heavy.  Reevaluated on 10Aug92 - WT - 205 lbs - overweight 
25 lbs, Body Fat - 19%.

930507:	Applicant's HT - 69", WT-215 lbs, BF - 20%

9308XX:	Applicant failed the run portion of the PRT.

940314:	Applicant passed PRT with category of GOOD, weight recorded as 224 lbs and 18% body fat. 

941110:	Applicant failed the run portion of the PRT, weight recorded as 242 lbs, with 22% body fat.

941122:	Placement on Mandatory PT Program/counseling.  Applicant formally evaluated as not meeting the Navy’s minimum physical fitness requirements (failed the run -2) and advised that to remain eligible for continued service he must participate in the Mandatory PT program regimen and that failure to cooperate in and complete the regimen may constitute grounds for separation processing.  Mandatory PT Program Regimen provided to applicant.  

950127:	Counseling:  Applicant advised that he failed the SECOND physical readiness test by failing the running and placed on the command’s sponsored physical conditioning program.  Sources of assistance included.  Advised if this out of standards three times in any four year period, you will be process for administrative separation. 

9505XX:	Applicant passed the PRT with category of EXCELLENT, but weight recorded as 232 lbs, BF as 20%.

9511XX:	Applicant passed the PRT with category of SATISFACTORY , but weight recorded as 232 lbs, BF as 23%.

951205:	Medical Statement by HMC(SW) B_, USS LAKE CHAPLAIN:  22 year old black male with chief complaint of history of PRT failures times three (1st two times due to run failure and this time due to out of standards) and is slated for administrative separation.  Member is putting together waiver package which requires medical officer eval.  
	Plan:  To Branch Medical Clinic, MSC as walk-in A.M. 12/6/95.

960212:	Applicant notified of intended recommendation for discharge with an Honorable by reason of weight control failure as evidenced by failing three consecutive Physical Readiness Tests on 10 Nov 1994, May 1995 and Nov 95.

960214:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit statement and the right to obtain copies of the documents used to support the basis for the separation.  Applicant objected to the separation.

960314:	Commanding officer recommended that the applicant be discharged by reason of weight control failure as evidenced by failing three physical readiness tests on 10 November 1994, May 1995 and November 1995.

960404:	Applicant advised of his rights and electing 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. 

960405:	Commanding Officer, USS LAKE CHAMPLAIN, advised BUPERS that member was discharged on 8 April 1996 with an Honorable by reason of weight control failure as evidenced by failing three physical readiness tests on 10 November 1994, May 1995 and November 1995.  Commanding officer’s comments (verbatim):  "Petty Officer (Applicant) has been a competent Interior Communications Electrician during his tour in LAKE CHAMPLAIN.  Unfortunately, he has become a poor influence within his workcenter and his division by showing little initiative in his weight loss efforts.  He has been counseled on several occasions concerning proper eating and workout habits, but has neglected to take any steps to correct his discrepancy.  His lack of initiative in his dietary and workout habits leave me with no alternative but to recommend his administrative separation."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960408 with a general (under honorable conditions) for weight control failure due to not meeting the prescribed physical readiness 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 improper.

The NDRB found the applicant’s discharge was improperly executed as directed by the Commanding Officer.  The characterization shall be Honorable, and the reason shall remain the same.  A DD Form 214 should be issued to reflect the characterization of service as honorable.  Relief granted. 

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.

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, DC 20374-5023