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USMC | DRB | 2005_Marine | MD0500760
Original file (MD0500760.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCpl, USMC
Docket No. MD05-00760

Applicant’s Request
The application for discharge review was received on 20050324. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302. After a thorough review of the available 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) by reason of weight control failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I believe it was unfair since my discharge was an involuntary separation.”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Four pictures of Applicant
Statement of immediate supervisor, dtd October 2, 2003
Statement of immediate supervisor, dtd October 2, 2003
Letter of recommendation, dated January 6, 2004
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000725 - 20010701      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20010702             Date of Discharge: 20040106

 Length of Service (years, months, days):

 Active: 02 06 05
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 73

 Highest Rank: LCpl                                  MOS: 8152

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                                    Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Letter of Appreciation, Rifle Marksman Badge, Pistol Marksman Badge

*Not Available


 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 :

010629:  District level weight waiver granted for enlistment.
020822:  Counseling: Advised of deficiencies in performance and conduct (Failure to conform to Marine Corps height/weight standards as evidenced by weight of 203 pounds which is 17 pounds over the maximum allowable weight for my height with a 21% body fat pursuant to MCO P6100.12.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020822:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl while assigned to the weight control program IAW MCO P1400.32B, paragraph 1204.3N, unless waived by Commanding Officer. Applicant chose not to make a statement.

021011:  Counseling: Advised of deficiencies in performance and conduct (Failure to adhere to standards of physical fitness, specifically failing the PFT on 20020925. Understand that must take the initiative in maintaining physical fitness and such fitness is essential to the day-to-day effectiveness an combat readiness of the Marine Corps.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant chose not to make a statement.

021011:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl while assigned to the weight control program IAW MCO P1400.32B, paragraph 1204.3X, unless waived by his Commanding Officer. Applicant chose not to make a statement.

030127:  NAVHOSP Bremerton, Washington: Weight management check. Pt is over standards for the USMC. Assessment: Weight management check. Weight: 238 pounds.

030331:  NAVHOSP Bremerton, Washington: A/P: Above Marine Corps weight standards – not due to medical conditions. 1. Fit for full duty. 2. Follow up PRN. Weight: 241.2 pounds

030725:  Counseling: Advised of deficiencies in performance and conduct (Applicant’s extension on the Marine Corps BCP. Made reasonable progress but have failed to reach required body composition while on first assignment to this program. Therefore, [Applicant has] been granted a one-time extension of 6 months to meet the body composition standards set forth in MCO P6100.12.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030814:  Counseling: Advised of deficiencies in performance and conduct (Failure to adhere to standards of physical fitness, specifically failure to meet minimum standards on a PFT during the CGI due to lack of effort. Must take initiative in maintaining physical fitness and such fitness is essential to the day-to-day effectiveness and combat readiness of the Marine Corps.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030822:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl due to being assigned to BCP. Applicant chose not to make a statement.

030910:  NAVHOSP Bremerton, WA: Referral for USMC weight control evaluation. Impression: Over USMC standards, overweight. Weight: 231 pounds. BMI: 31.3, Body Fat: 22%.

031007:  Counseling: Advised of deficiencies in performance and conduct (Failure to comply during the second assignment to the weight control program as evidenced by failure to lose 2.8 pounds and 0.5 percent body fat per month as prescribed by medical authorities.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
040102:  BRMED Clinic Bangor, Washington: Adsep due to weight. Applicant found physically qualified for separation.
040106:  DD Form 214: Applicant discharged with a general (under honorable conditions), RE-Code JCR1 (involuntary, board waived), by reason of weight control failure, authority: MARCORSEPMAN 6215.



 Service Record Book did not contain the Administrative Discharge package and was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040106 by reason of weight control failure (A) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 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 his failure to adhere to Marine Corps regulations for sixteen months. The Applicant required a district-level weight waiver for enlistment. The Applicant’s conduct is a violation of the special consideration given the Applicant at the time of his enlistment. 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 far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends his discharge was “unfair” because he was involuntarily separated. There is no indication in the record or in the documentation provided by the Applicant that his separation was improper or inequitable. Appropriate regulations required the Applicant be administratively processed for his failure to return to body composition standards after being assigned to weight control for two consecutive six-month periods. The Applicant elected to waive his right to appear before an administrative board. The Board determined that neither the Applicant’s narrative reason for separation nor his character of service were improper or inequitable. Relief 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. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

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

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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

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