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

Docket No. MD99-01227

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

 ex-LCpl, USMC
Docket No. MD99-01227

Applicant’s Request

The application for discharge review, received 990920, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720.  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

1. My wife and I were very upset and depressed.  I knew that I wasn't going to see my family for an entire year.  The first few months were the most difficult.  I had difficulty adjusting.  I started to gain a few pounds.  I left Okinawa weighing 182.  My next and final duty station was Camp Pendleton, Ca.  That is where things got worse.  My wife and I were not getting along very well.  I was also gaining more weight.  About the last year of my tour my wife left me.  I was a total mess.  I was weighing in about 192 and my life was a total mess.  I tried several diets to lose the weight, but nothing would work.  I was told by my drill instructor in boot camp that it's great I lost all that weight, but unfortunately most marines gain it all back.  That I did.  I had trouble keeping up with the company pt sessions.  Approximately 04/98 1 receive notification that I was being discharged from the Marine Corps.  To tell the truth, at that point I was so depressed I didn't care anymore.  Finally on 05/15/98 1 was discharged from the Marine Corps.

I believe that my discharge was unfair because I didn't commit a crime.  I have never had an njp.  Or office hours.  The only Page eleven entries were because of my weight.  I was the best marine I could be.  I am now working for a sign supply company.  I am doing fairly well in it.  I am also going to the Community College of Southern Nevada.  I wish to continue my education and receive my degree in criminal justice.  My main reason for this request of an upgrade is for educational benefits.  My GI bill.  Thank you for your time reviewing my case.  Sincerely

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: USMCR(J)		940923 - 941213	COG

Period of Service Under Review:

Date of Enlistment:  941213		Date of Discharge:  980515

Length of Service (years, months, days):

	Active:    03  05  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  52

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (7)			Conduct:  4.2 (7) (No discharge marks)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, GCM, MUC

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:

970609:	Applicant placed on weight control/distribution program.

970609:	Medical officer determined physical appearance is not due to a pathological disorder.

970818:	Counseled for deficiencies in performance and conduct. Specifically, failure to maintain Marine Corps physical standards by failing to pass the PFT on 970711.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

971124:	Counseled for deficiencies in performance and conduct.  Specifically, conduct unbecoming a Marine by failing to pass the PFT on Sept 5 with a score of 119.  SNM has also failed to maintain proper height and weight standards.  SNM has made zero progress.  SNM’s work performance has been poor at best.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
  
971215:	Counseled for deficiencies in performance and conduct. Specifically, adverse weight condition has reappeared.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

971217:	Counseled for deficiencies in performance and conduct. Specifically, failed to make satisfactory progress in accordance with MCO 6100.10b.  Additionally, applicant has failed to pass a Semiannual Physical  Fitness Test. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980128:	Counseled for deficiencies in performance and conduct.  Specifically, adverse weight condition has continued.  Given a 90 day period to conform. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980206:	Counseled for deficiencies in performance and conduct. Specifically, failed to make satisfactory progress in accordance with MCO 6100.10b. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980416:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of failure to meet height/weight standards.

980415:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

980416:	Commanding officer recommended discharge general (under honorable conditions) due to weight control failure.  The factual basis for the recommendation was failure to conform to Marine Corps height/weight standards.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980515 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 proper but not equitable (C and D).

The Board determined that the discharge was not based on the type warranted by service record.  The applicant had no NJP’s and his average proficiency and conduct marks were 4.3/4.2 respectively, thus warranting an honorable discharge.  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/A9307/A9403/A0101/A9303/A9456/A9218/A9202