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

                                                                   ex-LCpl, USMC
Docket No. MD03-00778

Applicant’s Request

The application for discharge review was received on 20030326.  The Applicant requests the 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212.  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)/UNSATISFACTORY PERFORMANCE, authority: MARCORSEPMAN Par. 6206.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “The discharge I received was not actual, the reason for my discharged was weight control failure (6215.2) with a honorable discharge.  Instead I received a general discharge for paragraph 6206.1, which is unsatisfactory performance, which does not describe my service to the USMC.  The documents I have attached will show that my discharge was due solely to the failure to meet the weight standards of the Marine Corps, not a lack of performance to perform my duties.”

Documentation

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

Five pages from the Applicant’s service record
Letter of recommendation from W.F. B_

PART II - SUMMARY OF SERVICE

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

	Active:     None
	Inactive:  USMCR(J)		941228 - 950129	COG

Period of Service Under Review:

Date of Enlistment:  	950130	Date of Discharge:  980228

Length of Service (years, months, days):

	Active:    03  00  29
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  12			AFQT:  59

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (7)			Conduct:  4.0 (7)

Military Decorations:  None

Unit/Campaign/Service Awards: GCM, NDSM, CC

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PERFORMANCE,  authority:  MARCORSEPMAN Par. 6206.

Chronological Listing of Significant Service Events:

960410:	Medical Eval (3d LAR BN):  Pt in for weight control eval - maximum weight- 203 lbs, pt weighs 241 lbs. Height- 72”. 30% body fat.  No medical problem - fit for remedial physical fitness training.  Goal is loss of  38 lbs in six months.

960410:	Counseled concerning deficiency, specifically, failure to conform to Marine Corps height/weight standards (239lbs, 47lbs over maximum allowable weight).  Assigned to the Weight Control program.  Advised of assistance available and corrective actions.   Discharge warning issued.

961017:	Counseled concerning deficiency, specifically, failure to make progress while assigned to Weight control program, advised of assistance available and corrective actions.  Granted a three month extension on the Weight Control program.  Discharge warning issued.

970326:	Counseled concerning deficiency, specifically, failure to make progress while assigned to Weight control program as evidenced by continued weight gain, failure to adhere to diet and weight loss plan; repeated medical/physical complaints and avoiding exercise.  Advised of assistance available and corrective actions.   Discharge warning issued.

970715: 	Counseled concerning deficiency, specifically, financial irresponsibility.  This is your second bounced check.  Advised of assistance available and corrective actions.   Discharge warning issued.

971022:	Weight is 257 lbs, 30% body fat.

980107:	Applicant notified of intended recommendation for an honorable discharge  by reason of unsatisfactory performance of duties.  The basis for discharge is unsatisfactory performance while assigned to the weight control program.  Applicant advised that the lowest characterization possible was under honorable conditions (general).

980107:	Applicant advised of his rights and having elected 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.

980108:	Commanding Officer recommended discharge under honorable conditions (general) by reason of unsatisfactory performance.  His persistent failure to meet weight standards is determined to be the result of Applicant’s lack of discipline and apathy toward losing excess weight.  A Medical officer has determined his overweight condition is not as a result of a pathological or organic condition.  All rehabilitation efforts have failed.

980129:	GCMCA [1st MARDIV, (Rein)] advised the Commandant of the Marine Corps that the Applicant's discharge was directed under honorable conditions (general) by reason of unsatisfactory performance of duty.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980228 under honorable conditions (general) due to unsatisfactory performance of duty (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 and equitable (C and D).

Issue 1.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A characterization of service of under honorable conditions (general) 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.  The Applicant’s service was marred by adverse counseling entries and his failure to make progress while assigned to a weight control program.  The Applicant was assigned the task to meet a Marine Corps weight standard.  His Commanding Officer determined that his documented lack of effort in accomplishing this task adversely affected unit readiness and/or mission accomplishment.  The Applicant’s conduct falls short of that required for an honorable characterization of service.  An upgrade to honorable is inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.  In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6206, UNSATISFACTORY PERFORMANCE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to Present, states that a Marine may be separated if the Marine is unqualified for further service by reason of unsatisfactory performance.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

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