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USMC | DRB | 1999_Marine | MD99-00427
Original file (MD99-00427.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD99-00427

Applicant’s Request
The application for discharge review, received 990202, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Unsatisfactory Performance-Failure to conform to weight standards (administrative discharge board not required), authority: MARCORPSMAN Par 6206.1

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I feel that my discharge should be upgraded because I had 5 good years of service including which time, I served as an asst. sect. Leader during the Persian Gulf war. I really wasn't a trouble maker. All I did was gain weight. I was overweight when I was enlisted in to the marines and because I gained the weight over the course of a few years I was released with a General Under Honorable Conditions. The reason I would like you to reconsider my discharge is because I have started to school at the State University thinking that surely I would be eligible for my GI Bill benefits but I received a letter from the VA stating that my A benefits were denied because of my discharge status. All I am asking is the opportunity to receive the education that I feel I deserve. I would hope that my service record and the duties that were given to me should reflect that. Please strongly consider my request.

Documentation
The applicant did not provide any additional documentation; only the applicant's service record was considered,

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870417 - 871115  COG

 Period of Service Under Review :
Date of Enlistment: 871116               Date of Discharge: 920924

 Length of Service (years, months, days):

         Active: 04 10 09
         Inactive: None
Age at Entry: 20                          Years Contracted: 6

 Education Level: 12                        AFQT: 57

 Highest Rank: Cpl (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Military Decorations: None

 Unit/Campaign/Service Awards: RSB, SSDR (w/2 Stars), GCM, SWASM (w/3 Stars), NDSM, LOA, KLM, NUC, JMUA, HSM, PSB

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Unsatisfactory Performance - Failure to conform to weight standards (administrative discharge board not required, authority: MARCORPSMAN Par 6206.1.

 Chronological Listing of Significant Service Events :

910619:  Retention Warning: Applicant advised of deficiency in performance and
conduct (lack of tact when dealing with superiors, lack of initiative, display poor personal appearance, poor physical condition and poor execution of leadership traits and principles). Corrective actions identified, sources of assistance provided, disciplinary and discharge warning issued.
910910:  Medical Officer, 2d Battalion, 5 th Marines: Applicant is overweight and recommended weight reduction diet, physical exercise program, loss of 45 lbs within 7 months is determined to be a realistic goal. Present HT - 72 inches, WT- 248 lbs

910717:  Retention Warning: Applicant counseled for deficiencies in performance and conduct. Specifically, leadership and bearing. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911018:  Applicant acknowledged that he was eligible but not recommended for promotion to SGT for the NOV 91 promotion period due to a weight problem.

911021:  Counseled for deficiencies in performance and conduct. Specifically, severely unsatisfactory performance while assigned to weight control. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911118:  Counseled for deficiencies in performance and conduct. Specifically, unsatisfactory performance while assigned to weight control. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920106:  Counseled for deficiencies in performance and conduct. Specifically, determined to be overweight and have been assigned to the weight control program on 910910 - directed to meet the following weight reduction goal of 203 lbs. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920113:  Applicant acknowledged that he was eligible but not recommended for promotion to SGT for the FEB 92 promotion period due to a weight problem.
920414:  Applicant acknowledged that he was eligible but not recommended for promotion to SGT for the MAY 92 promotion period due to a weight problem.
920715:  Applicant acknowledged that he was eligible but not recommended for promotion to SGT for the AUG 92 promotion period due to a weight problem.
920727:  NJP for violation of UCMJ, Article 86: UA 0645 920722 from H&S Co, 2dBn 5thMar, CamPen to wit - Co PT, violation of UCMJ, Article 92: on or about 1500, 920721 2as given a lawful order by GySgt T_ to report to H&S Co, 2dBn 5thMar, CamPen PT at 0645, 920722, member did disobey the same.
 Awarded restriction and extra duties for 14 days (suspended for period of 60 days, at which time the restriction and extra duty will be remitted w/o further action. Not appealed.
920708:  Program prescribed by a credentialed health care provider (Med Officer, 2d Battalion, 5 th Marines): Reexamined member and found present weight to be 236 lbs. His present condition is overweight and the cause is not due to a pathological disorder.

920723:  Applicant notified of intended recommendation for discharge under honorable conditions (general) due to unsatisfactory performance. The factual basis for the recommendation was failure to conform to weight standards.

920723:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920723:  Commanding officer recommended discharge under honorable conditions (general). The factual basis for the recommendation was failure to weight standards.

920820:  GCMCA [CG, 1 st MarDiv, Camp Pendleton] informed CMC that applicant's discharge was directed under honorable conditions (general) by reason of failure to conform to weight standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920924 under honorable conditions (general) due to failure to conform to weight standards (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board found that the applicant did have a good record of service and it was because of his record that he received a general discharge. The applicant’s performance while assigned to the weight control program was unsatisfactory. Additionally, the applicant received one nonjudicial punishment for failure to go to Company Physical Training, during the time he was on the weight control program. The Board concluded that no relief was warranted in this case.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6206, UNSATISFACTORY PERFORMANCE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817, except for subparagraph 1, which was retroactively changed by ALMAR 57/93, effective 920310).

B. ALMAR 57/93 [CMC 161805ZFEB93] revised enlisted separation policy for weight control failure. It cancelled paragraph 6206.1 of the Marine Corps Separation and Retirement Manual.

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     


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