Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. MD06-00323

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

FOR OFFICIAL USE ONLY

 ex-LCpl, USMC
Docket No. MD06-00323

Applicant’s Request

The application for discharge review was received on 20051213.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant designated the American Legion as the representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061102.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the discharge shall change to:  HONORABLE/WEIGHT CONTROL FAILURE, authority:  MARCORSEPMAN 6215, Separation Code “HCR1.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and/or from an attached document/letter to the Board:

“I Respectfully Request that my Discharge of general under honorable be changed to an Honorable.  I served the Marine Corps honorably for 5 years with no Discouraging Remarks on my Record.  Please see the attached of Recommendation and Personal Reviews.  Thank you.”

Applicant’s representative, the American Legion, submitted no issues for consideration.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Letter of Appreciation from Commanding Officer, Marine All Weather Fighter Attack Squadron 121, dtd March 15, 1995
Letter of Appreciation from Commanding Officer, Marine All Weather Fighter Attack Squadron 121, dtd May 13, 1996
Letter of Appreciation for support during the 1996 “Fightertown” Air Show, undtd
Meritorious mast certificate, dtd July 1, 1995
Meritorious mast certificate, dtd March 26, 1996
Letter from Gunnery Sergeant R. M. A_ Jr, dtd June 17, 1998
Letter of Recommendation from T. A. L_, Capt, USMC, undtd
Letter of Recommendation from R. M. A_, GySgt, USMC, dtd January 26, 1999
Letter of Recommendation from 1stLt D. E. C_ Jr., dtd August 19, 1998
Letter regarding character of service from 2ndLt D. E. C_ Jr., dtd June 17, 1998

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19920911 - 19930823	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19930824		Date of Discharge:  19980825

Length of Service (years, months, days):

Active:    05  00  02
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  6

Education Level:  12				AFQT:  75

Highest Rank:  LCpl				MOS:  6017

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (12)				Conduct:  4.3 (12)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  National Defense Service Medal; Sea Service Deployment Ribbon; Good Conduct Medal; Sharpshooter Rifle Badge

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:

920911:	Pre-service waiver granted.

930824:	Pre-service waiver granted.

950206:	Counseling:  Advised of deficiencies in performance and conduct (Failure to meet Marine Corps Weight standards.), necessary corrective actions explained and discharge warning issued.  Applicant chose not to make a statement.

951228:	Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the 01-96 promotion 2^nd quarter of January because of being over maximum weight (201 lbs).  Applicant chose not to make a statement.

960111:	Applicant notified that his physical weight does not meet Marine Corps standards.  Applicant directed to report to sick call for a physical examination and possible assignment to a diet and exercise program or recommendation for an alternate weight limit.

960111:	Commanding Officer, Marine All Weather Fighter Attack Squadron 121, requested the Applicant be medically evaluated due not meeting acceptable Marine Corps Standards.  The Applicant’s height/weight/body fat were:  70”/229 lbs/26.8%.  The Applicant was advised that he needed to lose 37 pounds within three months to meet the maximum allowed weight.

Undated:	Flight Surgeon, Marine All Weather Fighter Attack Squadron 121, notified the Commanding Officer, Marine All Weather Fighter Attack that Applicant’s physical appearance does not meet acceptable Marine Corps standards.  Surgeon identified that losing 12.3 pounds per month for a total of 37 pounds within 3 months is not realistic and recommended new goal of 4 pounds per month, 6 pounds per month maximum.  

960206:	Commanding Officer, Marine All Weather Fighter Attack Squadron 121, notified Applicant of second assignment to weight control/distribution program.  Applicant directed to meet the weight reduction goal of 12.3 pounds per month.  Applicant’s weight goal is 192 pounds to be attained no later than 3 months from this date.

960307:	Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the Apr 96 promotion period because I do not meet Marine Corps weight standards.  Applicant chose not to make a statement.

960520:	Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month July 1996 promotion period because I do not meet Marine Corps weight standards.  Applicant chose not to make a statement.

980101:	Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of January 1998 promotion quarter of January, February, march because of my failure to meet Marine Corps height and weight standards.  Applicant chose not to make a statement.

980319:	Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of April 1998 promotion quarter of April, May, June due to being overweight.  Applicant chose not to make a statement.

980507:	Commanding Officer, Marine Aviation Logistics Squadron 11, notified Applicant that his weight does not meet acceptable Marine Corps standards, that he is being recommended for administrative separation and   was, therefore, required to have a medical evaluation.

980507:	Commanding Officer, Marine Aviation Logistics Squadron 11, requested Director, Branch Medical Clinic, MCAS Miramar, reevaluate Applicant to determine if Applicant’s present status is due to a pathological disorder.  

980507:	Commanding Officer, Marine Aviation Logistics Squadron 11, notified Applicant of being overweight, weighing 244 pounds and a body fat percentage of 25%.  Applicant informed to report to the PT field for physical fitness and weight reduction training and on Thursdays to weigh-in and to provide an opportunity for official counseling.

980511:	Medical evaluation by LT T_ D. D_, MC, USNR, Flight Surgeon.
Weight control reevaluation:
	S: 22 year old white male presents for weight evaluation.  Pt(Applicant) has been on weight control multiple times and is now being considered for administrative separation.  Denies history of [unreadable] problems.  No chronic medical conditions.  No chronic orthopedic injuries.
	A: 22 year old white male overweight and over body fat.  No obvious [unreadable] factors.
	P: 1.  TSH, T4 drawn today.
	2. Follow up Thursday for results with Dr. S_.
	3. If thyroid studies normal, would concur with recommended administrative separation.

980512:	Counseling:  Advised of deficiencies in performance and conduct (Failure to maintain Marine Corps weight standards for the third time (current weight 244 pounds and 25% body fat; maximum weight and body fat by MCO 6100.10B is 197 pounds and 18% body fat.)), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant chose not to make a statement.

980514:	Medical Officer, Branch Medical Clinic, MCAS Miramar, informed Commanding Officer, Marine Aviation Logistics Squadron 11, Applicant’s physical condition is not due to a pathological disorder.

980514:	Medical evaluation at NMC San Diego by A_ E. S_, LT, MC (FS).
	Reason:  Follow up thyroid.
	S: Follow up for lab results.  TSH and [unreadable] T4 drawn as part of workup for weight control.
	Additional comments: Administrative separation pending normal medical workup.
	O: Deferred normal P.E. 980511 by Dr. D_.
	A/P: Normal P.E/normal thyroid screening labs.  No medical problems causing excessive weight gain.  Recommend administrative separation.

980622:	Sergeant Major, Marine Aviation Logistics Squadron 11, informed Sergeant Major, Marine Aircraft Group 14, that the Applicant had been recommended for separation for failure to meet weight standards with a characterization of general (under honorable conditions).  “[Applicant] has failed to show satisfactory progress on his third assignment to the weight control program.  All other aspects of SNM’s military service are in keeping with high standards of Marine Corps service, however, [Applicant’s] failure to meet and maintain his prescribed weight has prevented him from being promoted with his peers.  Further service with no possibility of promotion would be an injustice to this Marine.”

980623:	Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of weight control failure.  The factual basis for this recommendation was inability to conform to prescribed height/weight standards.  Applicant informed the least favorable character of service possible was as general (under honorable conditions) character of service.

980623:	Commanding Officer, Marine Aviation Logistics Squadron 11, via Commanding Officer, Marine Aircraft Group 11, recommended Applicant’s discharge with a general (under honorable conditions) by reason of weight control failure.

980624:	Applicant’s rebuttal statement for recommendation for administrative discharge.

980626:	Applicant advised of rights and having elected not to consult with counsel, elected to obtain copies of the documents used to support the basis for separation and to submit a statement.

980708:	Commanding Officer, Marine Aircraft Group 11, recommended Applicant be discharged with a general (under honorable conditions) characterization of service.  

980730:	GCMCA, Commanding General, 3d Marine Aircraft Wing, approved the Applicant's discharge with a general (under honorable conditions) by reason of weight control failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980825 by reason of weight control failure (A) with a service characterization of general (under honorable conditions).  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 (B and C).  

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge 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.  In the absence of any counselings, nonjudicial punishments or evaluations which would warrant a general (under honorable conditions) characterization, the Board found the Applicant’s failure to meet weight standards insufficient justification for a general discharge.  Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable.  Relief granted.

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

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 31 August 2001.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

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