Author: CAP
Last saved by: joseph.curtis
Company: NCPB

Docket No. MD06-00679

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

FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD06-00679

Applicant’s Request

The application for discharge review was received on 20060419.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070208.  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 4 to 1 that the character of the discharge shall not change.  The discharge shall remain (General) Under Honorable Conditions) by reason of weight control failure.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 24, Character of Service, should read:  “GENERAL (UNDER HONORABLE CONDITIONS), and Block 28, Narrative Reason for Separation, should read:  “WEIGHT CONTROL FAILURE.”  The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity – Quality of service

Documentation

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

Character Reference ltr from T. L. S_, SSgt, USMC, dated November 30, 2000
Three pages from Applicant’s service record
Applicant’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19970630 - 19971116	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19971117		Date of Discharge:  20001130

Length of Service (years, months, days):

Active:    03  00  14
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  23

Years Contracted:  4

Education Level:  14				AFQT:  88

Highest Rank:  PFC				MOS:  0311 
	
Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (9)				Conduct:  4.0 (9)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Letter of Commendation, Rifle Marksman Badge, Pistol Sharpshooter 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:

971117:	Request for Waiver:  Applicant Ht 67 inches; Wt 187 lbs.  Type waiver requested: District/Weight.

971117:	District Waiver:  Authority CO 12^th Marine Corps District granted this date for enlistment.  

980714:	Naval Hospital Bremerton, WA.  Applicant presents for USMC Weight Program Screen.  Body fat: 26%; Goal: 18%.  Applicant reports that he weighed 230 lbs prior to joining USMC.  Applicant offered nutrition consult, declined at this time.

980721:	Counseling:  Advised of deficiencies in performance and conduct (Failure to conform to Marine Corps military appearance standards as evidence by body fat percentage of 26% which is 8% over the maximum allowable body fat percentage for my [Applicant] height pursuant to MCO P6100.10.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990406:	Health Education Department, Bremerton Clinic, Naval Hospital Bremerton, WA.  Applicant attended “Active Duty Weight Management Class”.  Plan:  Applicant to self-refer to TRAC to register for Weight Management Class series or schedule individual appointment for follow-up.  

990418:	Branch Medical Clinic Silverdale, WA.  Applicant suffered laceration to right wrist.  Applicant stated that he was trying to break up two friends from wrestling around and accidently cut wrist with serrated knife.  

990418:	Naval Hospital Bremerton Operation Report.  Applicant undergoes surgery on right forearm for 4 cm laceration sustained as a result of a knife thrown across his barracks room.  The Applicant was unable to move his thumb.  

990720:	Naval Hospital Bremerton Physical Therapy Department.  The Applicant failed to show for appointment.

990804:	Naval Hospital Bremerton Physical Therapy Department.  The Applicant is being discharged from physical therapy for the following reason:  canceled or failed to show for a scheduled evaluation with the therapist.

990910:	Naval Hospital Bremerton.  Applicant placed on Command directed weight control.  Applicant refused Dietician consult.  Fit for duty.  Ht: 67 inches; Wt: 185 lbs.

991102:	Applicant’s “weight control date”. [Extracted from MCTFS BTR dated 001130.]  

000113:	Counseling:  Advised of deficiencies in performance and conduct (Insufficient progress while assigned to the weight control program as evidence by failure to lose the amount of weight per month as prescribed by medical authorities.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000307:	Health Education Department, Bremerton Clinic, Naval Hospital Bremerton, WA.  Applicant attended “Active Duty Weight Management Class”.  Plan:  Applicant to schedule appointment for weight management class series and individual follow-up.  

000328:	Bremerton Naval Hospital Operation Report.   Applicant undergoes surgery on left shoulder.  Postoperative plan: avoid heavy lifting for six to eight weeks. 

000627:	Applicant undergoes SARD Health and Physical Evaluation (SHAPE).  Applicant is referred to SARD Weight Management Program.

000728:	Applicant’s total weight loss of 5 pounds and a loss of 1% body fat while assigned to the Navy’s SARD Weight Management Program.  [Extracted from Counseling entry dated 000801.]

000801:	Counseling:  Advised of deficiencies in performance and conduct (Current status while assigned to the weight control program.  I [Applicant] understand that my administrative separation package for failure to make satisfactory progress while assigned to the weight control program was reconsidered pending my successful completion of the Navy’s SARD Weight Management Program.  Authorized a 60 day extension with this command on the weight control program in order to monitor whether I continue to make satisfactory progress.  I understand that if I continue to make satisfactory progress.  I will be allowed to execute my PCS orders at the end of my 60 day extension.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000927:	Commanding Officer, Marine Corps Security Force Company, letter to the Applicant.  Applicant notified that he has been administratively reduced to Private due to incompetence.

001130:	Naval Hospital Bremerton, WA.  Applicant undergoes separation physical.  Ht 67 inches, Wt 215 lbs.

001130:	DD Form 214, Applicant discharged with a characterization of general (under honorable conditions) by reason of weight control failure, authority: MARCORSEPMAN 6215.

Service Record Book did not contain the Administrative Discharge package.  
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001130 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 and equitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

Equity – Quality of service:  The Applicant contends that the characterization of his discharge does not reflect the quality of his service.

When the service of a member of the U.S. Marine Corps 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.  The Applicant’s service was marred by his failure to meet the weight and body fat standards and his administrative reduction to Private due to incompetence.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

For the Applicant’s edification, the Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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