Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-01356
Original file (MD04-01356.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD04-01356

Applicant’s Request
The application for discharge review was received on 20040824. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20041229. 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/UNSATISFACTORY PERFORMANCE, authority: MARCORSEPMAN Par. 6206.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “A change of discharge is requested because the one given at the time was unfair. Having the the opportunity of receiving an Honorable discharge for the hard work and extensive hours worked per the separation manual I qualify for an Honorable Discharge even if it was with a not recommended for reenlistment code.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from P_ S_, Esq.
Good Conduct certificate
Separation authorization letter
Extract from MCO P1900.16E
Two photos of Applicant
Extract from USMC website

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                950530 - 951010  COG

 Period of Service Under Review :
Date of Enlistment: 951011               Date of Discharge: 990628

 Length of Service (years, months, days):

         Active: 04 08 18
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 47

 Highest Rank: Cpl                          MOS: 0131
Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (10)                      Conduct: 4.5 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, AFSM, GCM, SSDR, NDSM, AFEM, REB (3d Award), Pistol Sharpshooter Badge

 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 :

960812:  Counseled concerning deficiency, specifically, physical condition is sub-par. Advised of assistance available and corrective actions.

970110:  Applicant counseled on his noticeable improvement since the above entry.

971217:  Acknowledged eligibility but not recommended for promotion to Cpl because of being assigned to the Weight Control Program.

990212:  Counseled concerning deficiency, specifically, failure to perform tasks in a timely and proficient manner, and inability to perform as a Marine NCO. Advised of assistance available and corrective actions. Discharge warning issued.

990318:  Counseled concerning deficiency, specifically, substandard initiative, knowledge and leadership, organizational skills, physical fitness and appearance. Advised of assistance available and corrective actions.

990407:  Credentialed Health Care Provider found Applicant’s overweight condition is not due to a pathological disorder. Found fit for remedial physical fitness training. Recommended the loss of 12lbs per month and total of 36 pounds within a 3 month period as a realistic goal.

990414:  Reassigned to the weight control program. Present weight is 233lbs with 27% body fat. Height is 71”. Goal is 197lbs with 18% body fat. CO directed Applicant lose 8lbs. per month and a total of 24lbs. in 3 months.
990414:  Counseled concerning deficiency, specifically, declining performance and conduct. Relieved of billet due to substandard initiative, knowledge and leadership. Apathetic attitude toward meeting the USMC minimum physical standards for weight/body fat and fitness. Advised of assistance available and corrective actions.

990421:  Counseled concerning deficiency, specifically, lacking in attributes required of my current grade and as a Marine (both technically and professionally), advised of assistance available and corrective actions.

990506:  Counseled concerning unsatisfactory progress while assigned to the weight control program, in that he did not attain his weight loss goal, but gained 6lbs. since the last weigh-in.
990508:  Counseled concerning deficiency, specifically, UA. Advised of assistance available and corrective actions. Discharge warning issued.

990514:  Counseled concerning deficiency, specifically, failure of the PFT. Advised of assistance available and corrective actions. Discharge warning issued.

990621:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of unsatisfactory performance of duties. The basis for discharge is unsatisfactory performance while assigned to the weight control program, Applicant does not qualify for separation based upon weight control failure, because he did not make a reasonable effort to conform to Marine Corps height/weight standards by adhering to the regimen prescribed by a credentialed health care provider (ACHCP). Applicant's maximum weight is 197 pounds. On 990414 the Applicant was assigned to the weight control program, for the second time, at a weight of 233 pounds and as of 990602, his weight was 243 pounds. In addition, the Applicant’s work performance has been unsatisfactory.
990621:  Commanding Officer recommended discharge with a general (under honorable conditions) due to unsatisfactory performance due to failure to conform to Marine Corps weight standards. Relieved of duties as section chief due to his unsatisfactory work performance.

990623:  Applicant advised of 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 and to submit a statement.
990625:  GCMCA [CO, MCES] directed the Applicant's discharge with a general (under honorable conditions) by reason unsatisfactory performance due failure to conform to Marine Corps weight standards.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990628 with a general (under honorable conditions) due to unsatisfactory performance due to failure to conform to Marine Corps 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. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) 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. T he Applicant’s service was marred by numerous adverse counseling entries for unsatisfactory performance and conduct relating to his billet assignments, substandard physical fitness, and failure to make progress while assigned to the weight control program. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. Relief denied.

 The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred 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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct.

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. Paragraph 6206, UNSATISFACTORY PERFORMANCE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to 31August 2001.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01179

    Original file (MD02-01179.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Handwritten statement from Applicant, dated June 26, 2002 Appointment of Veterans Service Organization as claimant's representative, dated July 1, 2002 (3 copies) Applicant's DD Form 214 (2 copies) Eighty pages from Applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive:...

  • NAVY | DRB | 2004 Marine | MD04-00597

    Original file (MD04-00597.rtf) Auto-classification: Denied

    Applicant ’s second assignment.020515: Counseled concerning deficiency, specifically, unsatisfactory performance while assigned to the Marine Corps weight control program as evidenced by continued weight gain and only minimal weight loss, failure to adhere to my diet and weight loss plan, advise of assistance available and corrective actions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was...

  • USMC | DRB | 2001_Marine | MD01-00695

    Original file (MD01-00695.rtf) Auto-classification: Denied

    MD01-00695 Applicant’s Request The application for discharge review, received 010420, requested that the characterization of service on the discharge be changed to honorable. Recommended loss of 5 pounds per month and a total of 30 pounds within 180 days.990615: Counseling: Applicant assigned to the Weight Control Program to correct deficiency of not meeting height/weight standards. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on...

  • USMC | DRB | 2005_Marine | MD0501233

    Original file (MD0501233.rtf) Auto-classification: Denied

    over maximum allowable weight and given a weight loss goal of 3 lbs. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls short of that required for an upgrade of his characterization of service. The Applicant further contends that after his brother’s death in November 1997, the Applicant became depressed and “failed to care about the Marine...

  • USMC | DRB | 2001_Marine | MD01-00546

    Original file (MD01-00546.rtf) Auto-classification: Denied

    I received a General Under Honorable Conditions just based on my weight problem. 990804: GCMCA [MCB Hawaii] advised the Commandant of the Marine Corps that the applicant's discharge was directed with a general (under honorable conditions) by reason of unsatisfactory performance due to weight control failure. 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...

  • USMC | DRB | 2001_Marine | MD01-00139

    Original file (MD01-00139.rtf) Auto-classification: Denied

    970221: Applicant assigned to weight control program due to determination to be overweight and are directed to meet the following weight reduction goal: 45 pounds per month. 970225: Weight: 222, Body Fat: 29.9% 970303: Weight: 220, Body Fat: 29.9% 970311: Applicant informed eligible but not recommended for promotion to Corporal due to assignment to weight control IAW MCO P1400.3 paragraph 3F through 3N. 971209 Applicant notified of intended recommendation for discharge with a General...

  • USMC | DRB | 2006_Marine | MD0600722

    Original file (MD0600722.rtf) Auto-classification: Denied

    Advised being assigned to the Weight Control Program as of 020207), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.020318: Counseling: Advised of deficiencies in performance and conduct (concerning unsatisfactory progress on weight control program. The factual basis for this recommendation was the Applicant’s diagnosis of Bilateral Quadriceps Tendonitis, failed to meet height and weight standards while on 2nd assignment to...

  • USMC | DRB | 2003_Marine | MD03-01297

    Original file (MD03-01297.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Discharge warning issued.990331: Counseled concerning deficiency, specifically, failure to make progress while assigned to Weight control program, advised of assistance available and corrective actions. Discharge warning issued.990530: Counseled concerning deficiency, specifically, failure to make progress while assigned to Weight control program, advised of assistance...

  • USMC | DRB | 2003_Marine | MD03-00930

    Original file (MD03-00930.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 980130: CO referred Applicant to Credentialed Health Care Provider since he does not meet acceptable Marine Corps Standards with a weight of 229 lbs and body fat of 33.0 percent, with maximum weight of 186 lbs and advised Applicant that the loss of 7.1 lbs per month and total of 43 pounds within a 6 month period is a realistic goal. [Failure to conform to Marine Corps height...

  • USMC | DRB | 2005_Marine | MD0500756

    Original file (MD0500756.rtf) Auto-classification: Denied

    Request a medical evaluation be conducted to determine the Applicant’s medical status for BCP and Remedial Physical Conditioning Program (RPCP) participation. [Your unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Therefore, the narrative reason for separation, as stated on the DD214, is incorrect and should be changed from weight control failure to unsatisfactory performance.On 20021105 the Applicant was assigned to Marine Corps Body Composition...