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USMC | DRB | 2006_Marine | MD0600143
Original file (MD0600143.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00143

Applicant’s Request
The application for discharge review was received on 20051020. 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 20060908 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was 4-1 that the character of the discharge shall change, but by unanimous vote, the narrative reason for discharge shall not change. The discharge shall change to: HONORABLE /WEIGHT CONTROL FAILURE, authority: MARCORSEPMAN par. 6215, Separation Code “JCR1 . ”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

 “During my time in the Marines I served honorable and without misconduct. I also participated in several volunteer events receiving a Letter of Appreciation (3 rd award) and a Certificate of Commendation (2 nd Award). The only negative marks in my service record book are weight related. Also, at the time of separation a Medical Evaluation Board was beginning but halted due to my administrative separation. I am proud to have been a Marine and I regret being discharged under the circumstances; however, I have also conducted myself before and after service in a honorable manner and would like my discharge to reflect this without question.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) (2 copies)
Applicant’s DD Form 214 (Member 1) (2 copies)
Administrative Remarks (4 pages)
Applicant’s Medical records (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010914 – 20011210               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20011211             Date of Discharge: 20050307

 Length of Service (years, months, days):

 Active: 03 02 27
          Inactive: None

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

 Age at Entry: 19

 Years Contracted: 5

 Education Level: 12                                 AFQT: 84

 Highest Rank: LCpl                                  MOS: 2631

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (11)                               Conduct: 4.0 (11)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marine Corps Good Conduct Medal, Global War on Terrorism Service Medal, National Defense Service Medal, Letter of Appreciation (3 rd Award), Certificate of Commendation (Individual Award), Rifle Sharpshooter Badge.


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 :

 011210:  Pre-service waiver for weight granted.

020204:  Reported to medical with complaint of hip pain x 2 weeks.

020517:  First assignment to the Marine Corps Body Composition Program.
         [Extracted from SJA ltr, dtd February 23, 2003].

020608:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of June 0 2 because of weight control. Applicant chose not to make a statement.

020708:  Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of July 02 because of weight control. Applicant chose not to make a statement.

 021015:  Acknowledged understanding of eligibility but not recommended for promotion to [ illegible ] for the month of August 0 2 to November 0 2 because of weight control. Applicant chose not to make a statement.
030223: *          SJA review determined the case sufficient in law and fact. [Dated in error, presumed that it should read 050223.]

040128:  Commanding Officer r equest for medical reevaluation of BCP program                assignment .
040206:  Second assignment to the Marine Corps Body Composition Program.
                  
040213:  Endorsement f rom Lance Corporal S_ R. P_ (Applicant) to the Commanding Officer, dtd February 13, 2004.
          Subj: Body Composition Program (BCP) evaluation. Acknowledgment of understanding of body compensation program assignment.

040219:  Light Duty Chit 21 days:
         Restrictions: running, PFT/PRT Waiver, Partial run @ own pace
         Recommend: Walk/Run Protocol (run every other day)
         Therapy Program: Ice, 2-6 times a day, stretches 2-3 times a day
         Follow 3 weeks, daily 2 times a week

040315:  Light Duty Chit 24 days:
         Restrictions: running, prolonged standing
         Recommend: recumbent bike, x-training/elliptical, swimming, stationary bike, walk/run protocol (run every other day)
         Therapy Program: Ice, heat, 1-2 times a day, stretches 2-3 times a day.
         Follow-up in 1 month.

040317:  Nutrition Clinic evaluation:
         Discussed medical concerns associated w/ overweight status to include heart-healthy nutrition principles. This class focused on healthy eating habits based on the Food Guide Pyramid and the Dietary Guidelines for Americans. Emphasis was placed on eating balanced meals, spaced appropriately throughout the day. Proper number of servings from each food group and appropriate serving sizes as well as healthful food preparation, dining out principles, and behavior modification techniques. The effects eating and exercise have on metabolism were discussed. Provided appropriate handout material as reference. Patients were also encouraged to include exercise of varying intensities in their daily life, with approval of PCM. The calorie level indicated above, when used in conjunction with daily exercise, will facilitate weight loss of about 1lb per week. Patient participated in class and was given the opportunity to ask questions throughout to ensure understanding. Unable to determine compliance potential in class setting.
         P: Goal of Therapy: Improve knowledge of healthful foods and eating habits for gradual wt loss of 1lb per week and no more than 8lb per month. Follow-up appointments provided per pt request and clinic phone number provided to pt in class.
        
040318:  Counseling: Advised of deficiencies in performance and conduct (Concerning reassignment to the Marine Corps BCP. Specifically, you failed to properly maintain your body composition standards as required by MCO P6100.12 for a second time.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040427:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl due to Assignment to the BCP.

040506:  Mandatory participation in the BCP and following Program begins on 6 Feb 04 and ends on 5 Aug 04. The Unit’s Remedial Physical Conditioning Program (RPCP) for 6 months.
         [Extracted from Commanding Officer ltr, dtd February 06, 2004].

040603:  Light Duty Chit 21days:
          Restrictions:    Running, prolonged standing, marching/drill, kneeling/jumping, PFT/PRT waiver, partial running.
         Recommend:       Recumbent bike, X-trainer/elliptical, swimming
         Therapy Program: Ice, 1-2 times a day, stretches 2-3 times a day.
         Follow up: 1 month

040604:  KB Physical Therapy Clinic radiologic examination Report:
         Reason for order: 22 year old c/o rt hip pain x 6 months. Sx improved for a time but worsened over last 3 weeks w/ incr’d running to 5x/wk. Pain seems deep in Rt. Hip/groin and over GT and spreads posterior to PSIS. Please eval.
         Conclusion: Normal hip
040622:  Medical Officer Endorsement of Body composition Evaluation: SVM’s presents body composition status is not due to an underlying cause or associated disease. Participation in the BCP and Remedial Conditioning Program should continue until program assignment expires.
040706:  Counseling: Advised of deficiencies in performance and conduct (Concerning reassignment to the Marine Corps BCP. Specifically, you failed to properly maintain your body composition standards as required by MCO P6100.12 for a second time.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040826:  Body Composition Program (BCP) evaluation: Failed to meet the Marine Corps’ body composition standards and will receive a 6105 counseling entry on your SRB/OQR’s Page 11, and be processed for administrative separation.
040904:  Light duty Chit for 14 days. Anterior hip pain/probable nerve entrapment.
040927:  MRI Exam report of right hip: Impression
         1. Several ovoid cystic or hyperintense T2 lesion anterior and adjacent to the iliopsoas muscle within the subcutaneous fat in the right groin, likely to represent a benign ganglion cyst or possibly small lymph nodes.
         2. There is no significant distension of the iliopsoas bursa.
         3. No evidence of stress fracture or internal derangement of the hip.
041003:  Temporary physical profile received. No running, jumping, or situps – allows walking at own pace and distance.

050120:  Temporary physical profile received. No running, jumping, or situps.
050120:  Ltr from Commanding Officer, dtd January 20, 2005.
          Subj: Notification of Conveying of a Competency Review Board (CRB). Applicant taken to competency review board for failure to meet weight standards.

050120:  Acknowledgement of rights prior to Competency review Board:
         Applicant advised of rights and having consulted with counsel, did not elect to waive her rights to appear before the CRB.
         Applicant included written statements in rebuttal to this proposed action.
         Applicant do not desire to waive all CRB proceedings in their entirety and accept the Commander’s determination of incompetence and reduction.

050127:  Ltr from Commanding Officer, dtd January 27, 2005.
          Subj: Administrative R eduction O rder for Professional Incompetence. The factual basis of this action is based on [Applicant’s] continued failure to maintain Marine Corps weight sta ndards.

050204:  Report of Medical Exam:
          Summary of Defects – right hip pain see MRI.
         Recommendations – med board.
050208:  Applicant notified of intended recommendation for discharge with an honorable characterization of service . Advised that least favorable is general (under honorable conditions) by reason of weight standards. The factual basis for this recommendation was failure to conform to Marine Corps height and weight standards after being afforded two opportunities. The first 6 month assignment occurred from 2002517-20021209. Ad ditionally, the Applicant was found not in compliance with the height and weight standards and subsequently give n a second assignment. As of 26 August 2004, she failed to met her weight goal.
050208:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 050208:  Commanding Officer, 3D Radio Battalion, recommended to Commanding General, Marine Corps Base Hawaii, that the Applicant be discharged with an honorable characterization of service by reason of weight control/body compositio n failure. The factual basis for this recommendation was failure to conform to Marine Corps height and weight standards after being afforded two opportunities. The first 6-month assignment o ccurred from 20020517-20021209. Additionally, PFC P _ (Applicant) was afforded a second chance to comply with standards, but failed. Her current weight is 189 lbs and body fat is 39 percent. The maximum allowed is 160 lbs.

050225:  GCMCA, Marine Corps Base Hawaii, advised the Commandant of the Marine Corps, that the Applicant will be discharged with a general (under honorable conditions) by reason of weight control/body composition failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050307 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 discharge was proper and not equitable (B and C).

The Applicant requested upgrade of her 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 her separation. The Board found no other counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Additionally, the Applicant’s Commanding Officer recommended an honorable characterization of service. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted to change the Applicant’s discharge characterization to honorable. Relief granted.

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, she was determined to be unqualified for further service because she failed to meet weight standards, she had no medically diagnosed condition precluding or interfering with weight control, she was determined to have made reasonable effort to conform to Marine Corps weight and body fat standards, weight control failure was the only basis for separation in her case, and Applicant’s performance and conduct otherwise conformed with established standards. 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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