Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD99-01053

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

 ex-CPL, USMC
Docket No. MD99-01053

Applicant’s Request

The application for discharge review, received 990802, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government. The applicant requested 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 000410.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity 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:  MARCORSEPMAN 6215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Dear Discharge Review Board: The following Issues are the reasons I believe my discharge should be upgraded to Honorable.  If you disagree, please explain in detail why you disagree.  The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable does not apply to my case because of the evidence I am submitting.

I enlisted in the Marine Corps May 18, 1993, just two weeks after graduating from high school.  I was not sure at the time when I went to Boot Camp if being a marine was what I really wanted, as I am sure every recruit feels during recruit training.  I quickly developed into an above average Marine, always ready to make any sacrifice that was needed for my country.  I finished Recruit Training, M.O.S. school and was placed in the Fleet Marine Force for the first time.  It wasn't long before I was off on my first deployment, separated from my wife and family for the first time.  It was hard for me, as it is hard for any Marine the first time, but I was willing to make that sacrifice.  While on my first deployment I displayed leadership ability early as a Marine, received many awards (Attachments 2 - 4) and was promoted to Corporal.  As a Corporal I was able to demonstrate my leadership abilities and have my first real chance at supervising other Marines.  With an M.O.S. of 2111, I found myself many times in charge of an armory, coordinating riffle ranges, battalion weapons training, and weapons maintenance.  My average proficiency and conduct marks stayed above average and I continued to receive awards and letters of appreciation (Attachments 5 & 6).
While I was on a deployment to Okinawa Japan, I injured my back during a coordinated activity.  I was placed on limited duty for a long period of time, and subsequently began putting on weight and was placed into the battalion's weight control program.  I participated vigorously in their remedial P.T., but I was unable to lower my weight back to acceptable standards.  I was informed that that because I was unable to lower my weight by the time allotted, that I was being processed for discharge.  I thought it was unfair to be discharged because my service record showed I was a good and useful service member, and I had already served for over five years with less than eleven months left on my contract.  I then began to explore my other options so I could remain on active duty and finish my contract.  I requested Mast (Attachment 7), wrote a rebuttal to the action I was being faced with (Attachment 8), and asked for a letter of recommendation from my Officer in Charge (Attachment 9).  This was a loosing fight from the start and I was subsequently discharged with a General Under Honorable Conditions (Attachment 10).  Because of the type of discharge I received I am ineligible for the GI bill and many other benefits I would have received with an Honorable Discharge.  I have been a good citizen since I have been discharged, and am currently a third year college student with hopes of becoming an Officer in the Air Force.
I am requesting that my discharge be upgraded to "Honorable" and the reason for discharge be changed to "Convenience of the Government".  Thank you for your time in reviewing my case.
Documentation

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

Copy of DD Form 214
Copy of Coast Guard MTC dtd 26Oct94
Copy of  Ltr from Cmdr C_ dtd Oct 14, 1994
Copy of SRB awards page
Copy of Certification of Appreciation for period May95-Nov 95
Copy of Rebuttal to pending separation dtd 7Apr98
Copy of CG’s answer to rebuttel undated
Copy of letter of recommendation from Maj F_ dtd 22Apr98

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		920811 - 930517	COG

Period of Service Under Review:

Date of Enlistment:  930518		Date of Discharge:  980618

Length of Service (years, months, days):

	Active:  05  01  01
	Inactive:  None

Age at Entry:  18			Years Contracted:  6

Education Level:  12			AFQT:  77

Highest Rank:  CPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (11)		Conduct:  4.4 (11)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, LOA, LOR, CGUC, GCM, SSDR (1), JMUC, HSM, CGMTC, Rifle Expert Badge (2), Pistol Marksmanship Badge 

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/WEIGHT CONTROL FAILURE, authority:  MARCORSEPMAN 6215.

Chronological Listing of Significant Service Events:

96051X:	Counseled for deficiencies in performance and conduct. Specifically, failure to meet Marine Corps weight standards.  Informed being placed on weight control. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  (First time)

970907:	Assigned to weight control with a weight reduction goal or 6 pounds per month for 6 months. 

971223:	Counseled for deficiencies in performance and conduct, specifically failure to meet Marine Corps weight standards.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. 

980311:	Applicant not recommended for promotion to Sgt due to assignment to weight control. 

980402:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of repeated failure to maintain Marine Corps height and weight standards.

980407:  	Applicant advised of his rights and having consulted 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.  Applicant submitted a statement.

980504:	Commanding officer recommended discharge general (under honorable conditions) due to weight control failure. 

980603:	SJA review determined the case sufficient in law and fact. 

980603:	GCMCA, CG, MCAB, Eastern, directed the applicant's discharge under honorable conditions (general) by reason of weight control failure.

980611:	Applicant requests mast to the CG, MCAB, Eastern

980611:	CG denies request mast and recommends applicant proceed with the Navy Discharge Board and Board for Correction of Naval Records.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980618 general under honorable conditions due to weight control failure (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was not equitable (C and D).

The Board found that the discharge was not based on type warranted by service record.  Relief granted.  

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6215, WEIGHT CONTROL FAILURE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95 until Present.

B.  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.  

C.  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.

D.  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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A1300/A9218/A9202