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NAVY | DRB | 2004 Marine | MD04-00754
Original file (MD04-00754.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD04-00754

Applicant’s Request
The application for discharge review was received on 20040329. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to a condition that interfered with performance of duty. The Applicant requests a documentary record 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 20041008. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/ INVOL DISCHARGE WEIGHT CONTROL FAILURE, authority: ALMAR 57/93 [CMC 161805ZFEB93].




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

No issues were submitted by the Applicant.

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)                911025 - 920329  COG

 Period of Service Under Review :
Date of Enlistment: 920330               Date of Discharge: 940819

 Length of Service (years, months, days):

         Active: 02 04 21
         Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 00

 Highest Rank: LCpl                         MOS: 3381
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (7)                       Conduct: 3.8 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, CC

 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 :

930709:  Medical evaluation. Height: 69”, weight: 200 lbs., 24% BF. Maximum allowable weight: 186 lbs. Overweight condition is not due to a pathological or physiological disorder. Fit for participation in a physical exercise program.

930803:  Counseled for deficiencies in performance and conduct. Specifically, failure to meet Marine Corps weight standards and subsequent assignment to weight control program. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931029:  Counseled for deficiencies in performance and conduct. Specifically, continued failure to meet Marine Corps weight standards. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940120:  Medical health clinic evaluation. Medical officer recommended Applicant seek civilian counseling specializing in eating disorders. Applicant motivated for treatment and continuing active duty.

         Axis I: Bulimia Nervosa
         Depressive D/O NOS

         Axis II: Compulsive traits
940220:  Extended on the weight control program for 90 days.

940303:  Counseled for deficiencies in performance and conduct. Specifically, continued failure to meet Marine Corps weight standards. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940422:  Applicant removed from weight control program after successful completion.
940628:  Applicant notified of intended recommendation for honorable discharge due to weight control failure. Applicant notified the lowest possible characterization he could receive was under honorable conditions (general).

940628:  Applicant advised of his 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.
940701:  Commanding Officer recommended an honorable discharge due to weight control failure. Commanding Officer’s comments: On 22 April 1994 Applicant was removed from the weight control program after successfully meeting his weight goal. He has since failed to maintain his weight and on a weigh-in on 23 June 1994 he was 13 pounds over his maximum weight. Applicant’s overweight condition is not the result of a pathological or physiological disorder and can only be attributed to his apathetic attitude.
940713:  Counseled for deficiencies in performance and conduct. Specifically, continued failure to meet Marine Corps weight standards. Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940811:  GCMCA [CG, MCB, CAMPEN, CA] directed the Applicant's honorable discharge by reason of weight control failure.

940826:  GCMCA [CG, MCB, CAMPEN, CA] modified the Applicant’s discharge by directing administrative separation 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 19940819 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 and equitable (C and D).

The Applicant introduced no decisional issues for consideration by the Board. The service record clearly documents the Applicant’s failure to conform to Marine Corps weight standards. The Applicant was properly and equitably afforded counseling and rehabilitation opportunities with regard to meeting prescribed height and weight standards. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Marines below the rank of Sergeant separated by reason of weight control failure will receive a characterization of service of under honorable conditions (general) when their proficiency and conduct evaluation averages are below 3.0/4.0 respectively. The Applicant’s average conduct marking was 3.8. Therefore, relief is denied.
The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.












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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