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USMC | DRB | 2000_Marine | MD00-00034
Original file (MD00-00034.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00034

Applicant’s Request
The application for discharge review, received 991006, 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 000605. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety 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/Secretarial Plenary Authority: authority MARCORSEPMAN Par. 6214.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My name is T_ M_ P_, maiden name T_ M. J_ and I am writing this letter in reply to this letter about my discharge. I was under the impression that the reason I was discharge with General Under Honorable Conditions was because of my medical problem. I was diagnosed with Hypothyroidism and became very ill, due to my illness I gained a lot of weight very fast and did not meet weight standards, therefore I was discharge. If you can obtain my medical records, you will see all the medical attention that I need. I though this medical condition was the reason I was discharged and I would like a hearing to get my GUH discharge changed into an honorable.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                890922 - 890926  COG

 Period of Service Under Review :
Date of Enlistment: 890927               Date of Discharge: 920804

 Length of Service (years, months, days):

         Active: 02 10 08
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 51

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (8)                       Conduct: 4.2 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Marksman Badge, Pistol Marksman Badge

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Weight Control Failure, authority: ALMAR 57/93 [CMC 161805ZFEB93].

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND UNABLE TO OBTAIN FROM APPLICANT.]

 900228:  Counseled for deficiencies in performance and conduct (scholastic deficiencies while attending the Basic Law Enforcement Course). Corrective actions explained, sources of assistance provided, and advised that further academic deficiencies may result in removal from the course.

911021:  Emergency Care/Treatment: Pt is being followed for postpartum thyroidihs and severe hypothyroidism. Started on synthroid. Current symnptoms within a few minutes of taking today's synthroid pain radiating to jaw, left arm, RUQ and left shoulder blade.
         Assessment: Severe hypothyroidism with chest pain.

911022:  Counseled for deficiencies in performance and conduct. Specifically, failure to meet Marine Corps weight standards - overweight. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911105:  Branch Medical Clinic, El Toro, CA: 20 year old black female seen in follow up for hypothyroidism now on synthroid treatment. Complains CP continue but does feel that she has more energy. Says that her 3 week convalescence leave was refused after 1 week off. Now she's back at work. Concerned that she was told she had a "life threatening condition"
         A/P: Hypothyroidism now on synthroid, equilibrating. Will draw TFT today and follow up. Will inform Dr. L_ of problem with command and rectify convalescence leave situation (apparently refused by X.O.).
Return to counseling this PM to see Dr. L_.
911122:  Psychiatry, Branch Medical Clinic, El Toro, CA: Pt sates that her current difficulties started when she had her baby seven months ago. She says that her command has hassled her in regards to taking time off in order to get needed medical attention for the child. Also says that she began to have depression, little entry, weakness, sore knees, and stiffness of her joints about 4 months ago.......................
         Impression: AXIS I - 309.00 Adjustment Disorder with Depressed Mood and V62.20 Occupational Problem; AXIS II - Impulsive Traits noted; AXIS III - Hypothyroidism, Anemia, Myxedema.
         Recommendation: 1 - Fit and suitable for duty; 2 - She was encouraged to work with her physician and with her chain of command to deal with issues of her duty status and follow-up appointments; 3 - The issue of re-assignment for her would appear to be an administrative issue, rather than a medical one, so long as she has access to needed medical follow-up in her present duty area; 4 - she was advised that she may return to the mental health department for follow-up if she feels she needs counseling support from this facility. She states that she will contact the MH Department or return to medical to arrange for follow-up, if she feels she needs it.

911127:  Branch Medical Clinic, El Toro, CA: Pt feeling much improved. Concerned because command wants her to buy new uniforms as she has gained weight but is now starting to lose. Expect further weight loss and does not want to put out money for uniforms she will probably wear once or twice maximum.
         Assessment: Hypothyroidism
         Plan: letter to command regarding uniforms. Repeat TFT's in 7-10 days. Follow up 7-10 days.

911210:  Branch Medical Clinic, El Toro, CA: Pt feels much improved.
         Assessment: Hypothyroidism responding to synthroid. Start PT program.

920107:  Counseled for deficiencies in performance and conduct. Specifically, unsatisfactory progress while assigned to the Weight Control Program. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920420:  Counseled for deficiencies in performance and conduct . Specifically, violation of housing regulations in that your brother was involved in a mutual affray. Corrective actions explained, sources of assistance provided.

920501:  Counseled for deficiencies in performance and conduct . Specifically, unsatisfactory progress while assigned to the Weight Control Program. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920506:  Branch Medical Clinic, El Toro, CA: Pt requesting psych consult and OB-GYN. Complains of depression and anxiety related to work. Feels that every time she is assign to "Motor T" she has palpitations, chest pain, headaches and persistent crying. She feels she will have a nervous breakdown, and although she denies suicidal ideation, she reports that she may break down and hurt herself or others if forced to continue at Motor T. She thinks it may be a problem common to many troops who work at Motor T, but she is also afraid she may have a psych problem. Patient has a history of hypothyroidism and recently has had amenorrhea. Pt diagnosed 8 months ago with postpartum thyroidihs and mixedima.
         Assessment: 1 - anxiety disorder vs. depression with somahzation, 2 - hypothyroidism, 3 - amenorrhea.
         Plan: Psych consult given. Pt to return with record for OB-GYN consult. Return to Counseling in 2 weeks.

920511:  Branch Medical Clinic, El Toro, CA: Weight Control - Ht 60½,
183 lbs.
920604:  Psychiatry Naval Hospital Long Beach (NHLB): 21 year old black female with 2 years 9 months continuous active duty, referred on routine basis. Previously evaluated at NHLB 22NOV91 with Adjustment disorder with depressed mood in context of multiple physical problems and difficulties with her command. Presently pending ADSEP due to weight control (Hypothyroidism). Present with considerable dysphoria - depression due to feeling torn between her baby and her job, and considerable physical symptoms and anxiety symptoms when she anticipates going back to Motor T.
         Diagnostic Impression: I - Psychological factors affecting physical condition vs. Anxiety disorder NOS; II - None; III - hypothyroidism, amenarrhea, migraine and tension headaches, per MR; IV-multiple physical symptoms temporally related to stressful situations; IV - Moderate; V- 65/75
         Recommendation: Potentially unsuitable for continued service due to psych factors affecting physical condition which hampers her in the performance of duties. Accordingly, command may consider ADSEP IAW MARCORSEPMAN 6203.2 due to a physical condition not a disability. Also strongly recommend stress management classes, relaxation training, and supportive counseling at Family Service Enter, El Toro.
[ADMIN DISCHARGE PACKAGE NOT IN SERVICE RECORD AND UNABLE TO OBTAIN FROM APPLICANT - BUT SEPARATION AUTHORITY IN RECORD.]
920629:  GCMCA [CO, 3D MAW] directed the applicant's discharge 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 920804 under honorable conditions (general) due to failure to conform to weight standards (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 proper (C and D).

The Board found that the applicant was diagnosed, by appropriate medical authority, to have severe hypothyroidism. On that same day she was counseled for failure to meet weight standards and placed on weight control. The applicant had a medical condition that directly impacted her weight. Until this condition was brought under control, she should not have been assigned to the weight control program, nor should she have been discharged. The applicant had no control over her weight. Relief granted.

Furthermore, the applicant’s average proficiency and conduct marks were 4.3/4.2 respectively. These marks clearly indicate that the applicant’s service was honorable.


Pertinent Regulation/Law (at time of discharge)

 A. 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 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      


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