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USMC | DRB | 2003_Marine | MD03-00052
Original file (MD03-00052.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00052

Applicant’s Request
The application for discharge review, received 20021004, 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 20030912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE CONDITIONS/ INVOL DISCHARGE WEIGHT CONTROL FAILURE, authority: ALMAR 57/93 [CMC 161805ZFEB93].

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. Discharge upgrade from General Under Honorable to Honorable.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from the Applicant, dated August 13, 2002
Applicant’s DD Form 214
Eight pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                900220 - 900318  COG

 Period of Service Under Review :
Date of Enlistment: 900319               Date of Discharge: 941104

 Length of Service (years, months, days):

         Active: 04 07 16
         Inactive: None
Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 77

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (16)                      Conduct: 4.3 (16)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, SSDR, SASM with 3 Stars, Letter of Appreciation (2), KLM, CAR

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DISCHARGE WEIGHT CONTROL FAILURE, authority: ALMAR 57/93 [CMC 161805ZFEB93].

 Chronological Listing of Significant Service Events :

931109:  Applicant’s physical appearance does not meet acceptable Marine Corps standards. Request medical evaluation. Present weight 215 pounds with a body fat of 19.3 percent. Applicant advised to lose 6 pounds within a 3 month period, a realistic goal.

931110:  Applicant physical appearance is not due to a pathological disorder. Recommend loss of 4 pounds per month and a total of 6 pounds within a 6 month period is a realistic goal. Medical measurements: 220 pounds, Body Fat:17.7%

931115:  Applicant has been determined to be overweight and was directed to meet the following weight reduction goal: 4 pounds per month. Applicant’s goal is 209 pounds to be attained no later than 90 days from this date.

931203:  Counseled for deficiencies in performance and conduct. [Unsat performance. He has gained 3 pounds and has been made aware of the consequences of not getting to his max wt. He also was made aware of seeking professional help (i.e., Nutrionist or MD) for consultation concerning any eating disorder he may have. Stay motivated and get aggressive.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940103:  Applicant informed eligible but not recommended for promotion to Cpl for period of Oct-Dec 93.

940107:  Counseled for deficiencies in performance and conduct. [Concerning unsat performance while assigned to wt control program. Gained 6 lbs over the holidays, states he is following Doctors order of eating 3x a day. Needs to be more attentive as to what he’s eating when he does. Has to start showing a dramatic change…] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940113:  Applicant assigned to remedial PT.

 940125:  Applicant informed eligible but not recommended for promotion to Cpl for 2 nd quarter of 1994.

940211:  Counseled for deficiencies in performance and conduct. [Regarding his unsat performance this week. Was made aware that continued unsat performance would be reason for 6105 and possible admin sep. Marine says he doesn’t want an early out. Time will only tell how sincere this Marine really is.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940304:  Counseled for deficiencies in performance and conduct. [Regarding progress this week. Has shown an enthusiastic attitude regarding his wt. Loss. Has lost 6 pounds this week which is commendable. Needs to maintain that positive trend and stay motivated. Is currently eating less and staying with non-fat foods. Good choice.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940318:  Counseled for deficiencies in performance and conduct. [Unsat progess this week. Has gained another lb and that is not a positive sign. Six mo evaluation ends May 6 th and if no satisfactory progress is shown could result in separation form the Corps. Need to show determination in overcoming this obstacle and getting on with his career.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940401:  Counseled for deficiencies in performance and conduct. [Regarding his satisfactory progress this week. Applicant always remains enthusiastic and quite pleasurable to work with. I feel this Marine will make his weight goal by May and will remain off the program.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940409:  Applicant reexamined by Appropriately Credentialed Health Care Provider and found to be overweight not due to a pathological disorder. Note: Applicant is within BF % standards of the USMC. Applicant is recommended an alternate weight of 225 lbs. Applicant is overweight by 13 lbs and military appearance is not lean and mean, recommend continue program, no alt weight.

940415:  Counseled for deficiencies in performance and conduct. [Regarding his satisfactory progress this week. The loss of 4 lbs is commendable and the effort needs to be maintained in order to lose the rest of his weight before 6 May. I know this Marine is capable of accepting and accomplishing this task.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940607:  Applicant granted a 3 month extension on the weight control/distribution program.

940714:  Applicant assigned to remedial PT.

940715:  Counseled for deficiencies in performance and conduct. Specifically, failure to meet Marine Corps weight standards. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940715:  Counseled for deficiencies in performance and conduct. Specifically, failing the PFT administered on 940713. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940727:  Applicant informed eligible but not recommended for promotion to Cpl for period 2 nd quarter of 1994 due to weight control.
940809:  Counseled for deficiencies in performance and conduct. [Failed to meet USMC weight standards on weight control extension and is therefore recommended for separation from the naval service.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940927:  Applicant notified of intended recommendation for discharge under honorable conditions (general). The factual basis for the recommendation was Applicant’s adverse page 11 entries of 940103, 940125, 940608, 940715, 940727 and his weight control/distribution program package. Has been appropriately counseled concerning weight; however, Applicant failed to achieve his weight goal.

940927:  Applicant advised of his rights and having consulted 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.

940928:  Commanding Officer recommended honorable discharge. The factual basis for the recommendation was Applicant’s adverse page 11 entries of 940103, 940125, 940608, 940715, and his weight control/distribution program package.
941013:  SJA review determined the case sufficient in law and fact.

941020:  GCMCA [Commanding Officer, 2d Force Service Support Group] directed the Applicant's discharge under honorable conditions (general) by reason of Unsatisfactory Performance – Failure to conform to weight standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The Applicant was discharged on 19941104 under honorable conditions (general) 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 proper but not equitable (C and D).

 Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was insufficient adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.

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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