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USMC | DRB | 1999_Marine | MD99-00879 (7)
Original file (MD99-00879 (7).rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-00879

Applicant’s Request
The application for discharge review, received 990614, 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 000410. 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. I B____ A. K_____, do believe that my discharge is undo, yes I had a problem with my weight. My command did not help by sending me to mess-duty so many times. They sent me to mess-duty nine times in the two years that I was stationed on the base. This was more times then most of the marines on MCRD San Diego. I was told, that if assigned to weight control that they should not put me on mess-duty. There were time that I got a chance to have time off from mess-duty, but even then, they had me come into work to do the work. there were about 5 others marines in this shop, yes they were higher rank but they would just sit there and play games on the computer. Nobody help me, when I went to go out to pt, I went out by myself. This helped my PFT scores, my last PFT score was a 203, this was my second highest since boot camp. This has no say in the weight standards, through, I still think my discharge should have been honorable. I have 3 letters of appreciation, 2 certificates of appreciation, they did not mark them all down. My service time was honorable, I never got into trouble I did what I was told to do. This should count for something in the two in half years of honorable service. When joining the marine corps my purposes was to serve my country and going to college for an education. But my discharge of General under honorable conditions, does not allow me to further my education as I dreaming of doing please concider my application situation carefully, I request a copy of my records be sent to the board.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Personal Recommendation from Sgt M___ P___
Copies from Marine Corps Separation and Retirement Manual (2pgs)
Copies of DD Form 214 (2)
Copy of Discharge Package (8pgs)
Letter from Appropriately Credentialed Health Care Provider of Sgt P____
Copy of Purpose of Scope of the Navy Discharge Review Board and the Board for Correction of Naval Records (2pgs)
Copies of Weight Control Performance Record (6pgs)
Copy of Weight Control Chart
Weight Control Program letter (12)
Copy of Counseling for Unsatisfactory Performance
Assignment to Physical Training Letters (2)




PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                950808 - 960205  COG

 Period of Service Under Review :
Date of Enlistment: 960206               Date of Discharge: 980915

 Length of Service (years, months, days):

         Active: 02 07 10
         Inactive: None
Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 43

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (6)              Conduct: 4.0(6)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUA, Rifle Marksman, LOA, COA

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 :

970320:  Applicant assigned to a supervised Physical Training program [Extracted from case file].

970820:  Applicant removed from weight control program for being below maximum weight [Extracted from case file].

980129:  Applicant physical appearance did not meet Marine Corp standards, medical evaluation requested [Extracted from case file].
980219:  Applicant assigned to Weight Control program (2 nd time) [Extracted from case file].

980219:  Applicant assigned to a supervised Physical Training program [Extracted from case file].

980410:  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.

980425:  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.

980519:  Applicant removed from weight control program for being below maximum weight [Extracted from case file].

980728:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of weight control failure.

980728:          Applicant advised of his rights and having elected 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.

980818:  Commanding officer recommended discharge general (under honorable conditions) due to weight control failure. The factual basis for the recommendation was failure to meet weight requirements after extensive counseling, remedial physical training, and education in dietary strategies for weight loss: [Extracted from case file]

980831:  GCMCA [Commanding General, MCRD, Western] directed the applicant's discharge under honorable conditions (general) by reason of weight control failure [Extracted from case file].

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980915 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 not equitable (C and D).

The Board found that the discharge was not based on the type warranted by service record. 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     


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