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NAVY | DRB | 2004 Marine | MD04-00233
Original file (MD04-00233.rtf) Auto-classification: Denied


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

ex-SGT, USMC
Docket No. MD04-00233

Applicant’s Request
The application for discharge review was received on 20031119. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040812. 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 unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/WEIGHT CONTROL FAILURE, authority: MARCORSEPMAN 6215.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

Applicant’s issues, as stated on the application:

1. “My discharge was below standard because it was based on only one aspect of me as a Marine. I was given a General under honorable for weight control. The other 2 Marine’s (both had previous NJP’s) were given honorable. My Military Record is exemplary aside from the weight control issue.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              951227 - 991227  HON
         Inactive: USMCR(J)                950927 - 951226  COG

 Period of Service Under Review :
Date of Enlistment: 991228               Date of Discharge: 030425

 Length of Service (years, months, days):

         Active: 03 03 28
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 74

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages : Enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (2), CAR, N&MCAM, NDSM, KCM, SSDR (2), NATO AFSM, NUC, HSM (2), MUC, MM

 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 :

Undated:         Counseled for deficiencies in performance and conduct. Overweight (current weight 192 pounds at 22% body fat; max weight by MCO 6100.10B is 181 pounds or 18% body fat. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020510:  Appropriately Credentialed Health Care Provider determined Applicant’s physical appearance is not due to a pathological disorder. The recommended loss of 4 pounds and .5 percent body fat per month and a total of 12 pounds and 1 percent body fat within 3 month period is a realistic goal.

020514:  Applicant assigned to weight control program. Applicant directed to meet following reduction goals of 4 pounds and .5 percent body fat per month. Your goal weight is 186 pounds or 18 percent body fat to be attained in 3 months. Applicant assigned to remedial physical fitness training program

020516:  Counseled for deficiencies in performance and conduct. Specifically, failure to meet prescribed height/weight standards. Assigned to the battalion weight control program. Your maximum weight is 186 pound. Your current weight is 198 pounds with a body fat of 19%, because you have been determined to be overweight and in excess of the allowable body fat standard. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020917:  Counseled for deficiencies in performance and conduct. Unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient efforts, you have not met your weight/body fat reduction goals as prescribed by the Medical Officer (start weight 198 pounds at 19% body fat: current weight 199 pounds at 21% body fat). Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

021113:  Applicant completed his second 6 month assignment. Still considered to be outside of accepted Marine Corps height and weight standards. [Extracted from Commanding Officer’s letter dated 030127.]

030115:  Counseled for deficiencies in performance and conduct. Unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient efforts, you have not met your weight/body fat reduction goals as prescribed by the Medical Officer (start weight 198 pounds at 19% body fat; current weight 199 pounds at 21% body fat). Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030129:  Counseled for deficiencies in performance and conduct. In accordance to MCO 1900.16F Para 6215 you are being recommended for an administrative separation due to insufficient efforts. You’ve been assigned to weight/body comp twice, and you have failed to control your weight in a satisfactory manner. Sources of assistance provided.

030305:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of weight control/body composition failure.

030305:  Applicant advised of rights and having elected not 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.

030311:  Commanding officer recommended discharge general (under honorable conditions) due to weight control failure. The factual basis for the recommendation was your failure to conform to prescribed Marine Corps height and weight standards as evidenced by your lack of progress while assigned to the weight control program for the third time.

030328:  SJA review determined the case sufficient in law and fact.

030331:  GCMCA [Commanding General, Marine Air Ground Task Force Training] directed the Applicant's discharge under honorable conditions (general) by reason of weight control failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The Applicant was discharged on 20030425 with a 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 proper and equitable (C and D).

Issue 1. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. A General discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by a failure to comply with Marine Corps standards despite three assignments to weight control. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s inability to conform to standards is clearly documented. Therefore, relief is denied.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.



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 01 September 2001 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 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      





BOARD MEMBERS RECORD OF VOTE


BOARD MEMBER                       CHARACTER                          BASIS/REASON

T. B. GALVIN, COL, USMC          NO CHANGE                          NO CHANGE
Presiding Officer
 
D. FRANCIS, LTCOL, USMC  NO CHANGE        NO CHANGE
Member
 
J. KOSKY, LT, USNR       NO CHANGE                         NO CHANGE
Member
 
W. BRIGGS, LTCOL, USMC   NO CHANGE                NO CHANGE
Member
 
 J. ZWILLER, CAPT, USMC            NO CHANGE                          NO CHANGE Recorder


Recorder’s Signature:_______________________________________


Presiding Officer’s Signature:_______________________________________



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