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USMC | DRB | 2003_Marine | MD03-00017
Original file (MD03-00017.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00017

Applicant’s Request
The application for discharge review, received 20021001, 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. Subsequent to the application, the Applicant obtained representation from the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031003. 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 three to two that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PERFORMANCE, authority: MARCORSEPMAN Par. 6206.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
Applicant’s issue on the DD 293 were consolidated by his American Legion representative:
1. (Equity Issue) This former member opines that his overall service record warrants a fully honorable discharge.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Student Confirmation from Chadron State College dtd Aug 19, 2002
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR (J)               960612 - 960624  COG

 Period of Service Under Review :
Date of Enlistment: 960625               Date of Discharge: 000215

 Length of Service (years, months, days):

         Active: 03 07 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)                       Conduct: 4.2 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: OSR, GCM, Rifle Marksman

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PERFORMANCE, authority: MARCORSEPMAN Par. 6206.

 Chronological Listing of Significant Service Events :

950814:  Initial Enlistment Physical Exam reported HT - 70 inches, WT - 220 pounds, Build - heavy. Re-measured on 960525 with HT - 70¼, WT - 210 pounds.
971006:  Acknowledged eligibility for but not recommended for promotion to LCPL for the months of Sep 97 due to failure to maintain required height and weight standards.

971105:  Acknowledged eligibility for but not recommended for promotion to LCPL for the months of Oct - Nov 97 due to failure to maintain required height and weight standards.
990924:  Credentialed Health Care Provider, NavHosp, Camp Lejeune, medical eval: Current HT – 70 inches, WT – 231 pounds, Body Fat – 27%. Not due to pathological disorder. Fit for participation in a physical exercise program.

990924:  Second Assignment on the Weight Control/Military Appearance Program: Assigned to program for period of 6 months. Advised of being overweight and in excess of allowable body fat standard. Reduction goals of 13 pounds per month or 3% body fat per months. Weight goal is 192 pounds or 9% body fat. Advised of failure to comply may result in separation from service by reason of unsatisfactory performance. Assistance identified.
990924:  Memo to Nutrition Clinic, Camp Lejeune: 22 year old male in over-weight status currently on weight control program. Pt approx 32 pounds overweight and is under administrative pressure. Request evaluation and instruction on weight loss diet.

991007:  Weight Control Counseling: Advised not making satisfactory progress and has an appointment with the dietician today. Advised to reduce food intake and push water.

991007:  Measured: WT – 233 pounds, 28% body fat.

991020:  Weight Control Counseling: Is making satisfactory progress, is doing well, lost 3 pounds.

991103:  Measured: WT – 226 pounds, 28% body fat.

991202:  Measured: WT – 230 pounds, 30% body fat.

991202:  Weight Control Counseling: Is not making satisfactory progress, has gained 4 pounds since last weigh in, need to reduce intake of food, up PT program.

000114:  Measured: WT – 234 pounds, 29% body fat.

000114:  Credentialed Health Care Provider, NavHosp Camp Lejeune: Found Applicant overweight or in excess of allowable body fat standard, not due to a pathological disorder.

000115:  Weight Control Counseling: Is not making satisfactory progress. Member just got off leave, gained 5 pounds and 2% body fat. Being sent to medical for re-evaluation.

000119:  Sick call: 22 year old male for weigh t eval. This is 2 nd eval. HT – 71 inches, WT – 227 pounds. Pt states he has lost 12 pounds, but still out of standards.
         Assessment: Overweight, secondary condition rule out.

000124:  Naval Hospital Camp Lejeune: Follow-up weight eval. HT – 70 inches, WT – 220 pounds.

000209:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of unsatisfactory performance. The basis for discharge is your failure to make a reasonable effort to conform to Marine Corps height and weight standards by adhering to a regimen prescribed by your command officer and health care provider.

000209:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

000211:  GCMCA [CO, Hdqtrs & Support Battalion, MCB, Camp Lejeune] directed Applicant's discharge with a general (under honorable conditions) by reason unsatisfactory performance on the weight control program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000215 with a general (under honorable conditions) due to unsatisfactory performance resulting from his failure to maintain Marine Corps height and 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 proper and equitable (C and D).

 Issue 1. The Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board discovered no impropriety or inequity. An upgrade to the characterization of service would be inappropriate. Relief denied.

Issue 2. Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question. No errors or inequities were discovered during the execution of this discharge. The NDRB is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review can be considered. Examples of documentation to forward to the Board include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate). At this time, the applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief will be 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. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6206, UNSATISFACTORY PERFORMANCE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to Present, states that a Marine may be separated if the Marine is unqualified for further service by reason of unsatisfactory performance.

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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