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USMC | DRB | 2006_Marine | MD0600068
Original file (MD0600068.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. MD06-00068

Applicant’s Request
The application for discharge review was received on 20051004. 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 20061005 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 4 to 1 that the characterization of discharge shall be chang ed. The discharge shall read : HONORABLE/ WEIGHT CONTRO L FAILURE , authority: MARCORSEPMAN Par. 6215 , Separation Code “ HCR1 . ”



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and/or from an attached document/letter to the Board:

“I am requesting an upgrade because I served faithfully and honorably to my country.

 To Whom It May Concern,

I, LCpl D_ P_(Applicant), am requesting for my discharge to be upgraded to an honorable discharge. I have served in the United States Marine Corps for 2 years and 10 months. I was discharged because I failed to maintain the height and weight standards of the Marine Corps. I was chosen to serve in Operation Iraqi Freedom for three months with 2 nd Battalion, Sixth Marines. While I was there, I was entrusted in receiving and distributing the mail to the Marines to keep the morale high. If you look through my service record book I had an averaged proficiency and conduct marks within guidelines to receive an honorable discharge. Any assistance with this matter will be greatly appreciated.

Sincerely Yours,
D_ P_(Applicant)”

Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
DD Form 1610, Requesting Authorization for TDY Travel of DOD Personnel, dtd February 21, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000831 - 20010709      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010710             Date of Discharge: 20040507

 Length of Service (years, months, days):

 Active: 02 09 28
          Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 44

 Highest Rank: LCpl                                  MOS: 0121

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (7)                                Conduct: 4.2 (7)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Sea Service Deployment Ribbon, National Defense Service Medal, Presidential Unit Citation, Meritorious Mast, Rifle Qualification Badge (Marksman)


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 :

021029:  CO, HQ Company, HQBN, 2d Marine Division. Requesting Medical evaluation. Body Composition Program (BCP) Evaluation: Applicant was determined not to be within the Corps’ body composition standards. Applicant’s weight was 213 pounds and a body fat percentage of 23. The maximum weight is 197 pounds based on a height of 71 inches. Applicant received a physical fitness test (PFT) score of 184, which is a 2 nd class. Applicant was screened and does not meet the PFT performance/percent body fat criteria and is therefore not eligible for the physical performance evaluation. Applicant advised to loss 16 pounds or 5 percent body fat and maintain for 6-month BCP assignment period.
021029:  First Endorsement to CO’s ltr of 29 Oct 02. Endorsement from Medical Officer. Applicant determined not to be within body composition standards and did not have an underlying cause or associated disease. Applicant found fit to participation in a BCP and Remedial Physical Conditioning Program (RPCP).
021029:  Second Endorsement to CO’s ltr of 29 Oct 02 . CO placing Applicant on BCP. Applicant determined not to be in adherence with Marine Corps body composition standards and is not eligible for the Physical Performance Evaluation. Applicant assigned to a 6-month BCP as a lst assignment. Applicant directed to meet the following weight reduction goal of 2.6 pounds or a body fat reduction goal of .83 percent per month. Your goal is to lose 16 pounds and 5 percent body fat. Applicant’s mandatory participation in the BCP and Unit’s Remedial Physical Conditioning Program (RPCP) for six (6) months begins on 021029 and ends on 030429.
021029:  Third endorsement to CO’s ltr of 29 Oct 02 . Applicant’s endorsement acknowledging assignment to Body Composition Program.
021029:  Counseling: Advised of deficiencies in performance and conduct (Per paragraph 6105 of the MCO P1900.16E concerning SNM’s assignment to the Marine Corps Body Composition Program. Specifically, failed to maintain body standards as required by MCO P6100.12. SNM’s actions are unsatisfactory and not in accordance with the high state of readiness required of the Marine Corps.), necessary corrective actions explained, sources of assistance provided and discharge warning issued.
030228:  Fourth Endorsement to CO’s ltr of 29 Oct 02. Request for medical evaluation on Applicant, based on progress made towards weight and body fat reduction goals. Applicant has been participating in the BCP and Remedial Physical Conditioning Program for four (4) months.
030711:  Sixth Endorsement to CO’s ltr of 29 Oct 02. Applicant’s 1 st 6-month assignment to the BCP expired on 030429. Based on Applicant’s progress it has been determined that Applicant has attained and maintained the Marine Corp’s body composition standards and will be officially removed from the BCP and Remedial Physical Conditioning Program (RPCP).
031104:  CO HQ Company, HQBN, 2d Marine Division. Requesting Medical Evaluation. Applicant was determined not to be within the Corps’ body composition standards. Applicant’s weight was 203 pounds and a body fat percentage of 19. The maximum weight is 197 pounds based on a height of 71 inches. Applicant received a physical fitness test (PFT) score of 222, which is a 2nd class score. Applicant was screened and does not meet the PFT performance/percent body fat criteria and is therefore not eligible for the physical performance evaluation. Applicant advised to loss 6 pounds or 1 percent body fat and maintain for 6-month BCP assignment period.
031104:  First Endorsement to CO’s ltr of 4 Nov 03. Medical Officer’s endorsement. Applicant determined not to be within body composition standards and did not have an underlying cause or associated disease. Applicant found fit to participation in a BCP and Remedial Physical Conditioning Program (RPCP).
031104:  Second Endorsement to CO’s ltr of 4 Nov 03. From CO placing Applicant on BCP. Applicant was determined not to be in adherence with Marine Corps body composition standards and is not eligible for the Physical Performance Evaluation. Applicant assigned to a 6-month BCP as a 2 nd assignment. Applicant directed to meet the following weight reduction goal of 1 pound or a body fat reduction goal of .16 percent per month. The goal is to lose 6 pounds and 1 percent body fat. Applicant’s mandatory participation in the BCP and Unit’s Remedial Physical Conditioning Program (RPCP) for six (6) months begins on 031104 and ends on 040504.

031104:  Third Endorsement to CO’s ltr of 4 Nov 03. Applicant signed acknowledgement of Body Composition Program evaluation.
031104:  Counseling: Advised of deficiencies in performance and conduct (Per paragraph 6105 of the MCO P1900.16E concerning SNM’s assignment to the Marine Corps Body Composition Program. Specifically, failed to maintain body standards as required by MCO P6100.12 for a second time. SNM’s actions are unsatisfactory and not in accordance with the high state of readiness required of the Marine Corps. Applicant advised that this subsequent assignment is for a six-month peirod.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 031125:  Sixth Endorsement to CO’s ltr of 4 Nov 03. Applicant’s 2nd 6-month assignment to the BCP expires on 040504. Based on Applicant’s progress it has been determined that Applicant has attained and maintained the Marine Corp’s body composition standards and will be officially removed from the BCP and Remedial Physical Conditioning Program (RPCP). Applicant advised that if at any time during his Marine Corps career he fail s to meet the body compo sition standards a third time, he will automatically be processed for administrative separation.
040412:  Commanding Officer, Headquarters Company, Headquarters Battalion, Second Marine Division, Camp Lejeune, NC, recommended Applicant’s discharge with a general (under honorable conditions) by reason of unsatisfactory performance of duty.

040419:  Applicant found physically qualified for separation,

 040503:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of unsati sfactory performance of duties. The basis for the recommendation is the Applicant’s failure to conform to Marine Corps weight standards set forth by the Body Composition Program.

040503:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 040503:  Commanding Officer, Headquarters Battalion, 2D Marine Division, Camp Lejeune, NC recommended Applicant’s discharge with a general (under honorable conditions) due to unsatisfactory performance of duties. The factual basis for this recommendation was respondent’s failure to meet Marine Corps weight standards set forth by the Body Composition Program (BCP). Commanding Officer’s comments: “I am recommending that the respondent be discharged from the Marine Corps due to unsatisfactory performance of duties pursuant to the provisions of paragraph 6206.5b of the reference. In making this recommendation, I have considered enclosures (1) through (18). I am recommending that he receive a General under honorable conditions discharge.
 This recommendation is based upon the respondent’s failure to meet Marine Corps weight standards set forth by the Body Composition Program (BCP) . Since his assignment to this unit, Lance Corporal P_(Applicant) has had three opportunities to meet established standards and was clearly advised of his deficiencies as captured in two (2) BCP-related 6105s. The respondent was initially assigned to the BCP on 29 October 2002. He was reevaluated after four months and was still seven pounds overweight with 20 percent body fat. His initial assignment to the BCP ended on 29 April 2003, while Lance Corporal P_(Applicant) was on deployment. Upon returning, he was reevaluated on 11 July 2003, and was within regulations, and therefore removed from the program. During the semi-annual body composition evaluation conducted on 3 October 2003, Lance Corporal P_(Applicant) was found once again to be out of regulations, six pounds overweight with 19 percent body fat. His Physical Fitness Test score was 222, a second-class score. On 4 November 2003, his second assignment to the BCP began. Lance Corporal P_(Applicant) was weighed again on 25 November 2003 and was within standards, and was subsequently removed from the program since he had achieved his goal. However, on 1 April 2004 at the semi-annual body composition evaluation, Lance Corporal P_(Applicant) was once again found to be overweight, this time by 28 pounds. According to the reference, a Marine assigned to the BCP on two separate occasions (e.g., first and second assignments), and that fails to meet weight and body fat standards a third time, is ineligible for assignment to the BCP and will be processed for administrative separation.”
040506:  GCMCA, Commander, 2d Marine Division, II Marine Expeditionary directed the Applicant's discharge with a general (under honorable conditions) by reason of weight control failure.

 Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040507 by reason of weight control failure (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the character of discharge was in equitable (B and C).

The Applicant requested upgrade of his discharge from general (under honorable conditions) to an honorable characterization. For discharges based on weight control failure, the MARCORSEPSMAN indicates that proper characterizations are either honorable or general and references paragraph 1004 for additional guidance. Paragraph 1004 indicates that for involuntary separations, an honorable characterization is appropriate only if the Marine’s service, notwithstanding the basis for separation, is otherwise so meritorious that any other characterization would be clearly inappropriate. A general is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweigh positive aspects of the member’s military record. In this case any negative aspects of the Applicant’s service were related only to weight control failure, the basis of his separation. The Board found no other counselings, nonjudicial punishments, or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 4 to 1 to change the Applicant’s discharge characterization to honorable. Relief granted.

The NDRB did note a technical impropriety in the Applicant’s separation processing. The record indicates that the applicant was notified and acknowledged processing on the basis of unsatisfactory performance. When the sole reason for separation is failure to meet weight and body fat standards and the Marine's performance and conduct otherwise conforms with established standards, the Marine will be separated for weight control failure. In the Applicant’s case, the only basis for separation was failure to meet weight control standards. The Applicant was determined to be unqualified for further service because he failed to meet weight standards; he had no medically diagnosed condition precluding or interfering with weight control; he appeared to have made a reasonable effort to conform to Marine Corps weight and body fat standards; weight control failure was the only basis for separation in his case; and Applicant’s performance and conduct otherwise conformed with established standards. The General Court Martial Convening Authority corrected this impropriety by properly separating the Applicant for weight control failure despite the erroneous notification. The NDRB is convinced that this procedural error was not prejudicial to the Applicant and therefore affords him no relief. The summary of service clearly documents that weight control failure was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.

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 additional evidence related to this 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 .


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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