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USMC | DRB | 2006_Marine | MD0600170
Original file (MD0600170.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD06-00170

Applicant ’s Request
The application for discharge review was received on 20051026 . 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, no impropriety or inequity in the characterization of the Applicant ’s service was discovered by the NDRB. The Board’s vote was 4 to 1 that the character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of unsatisfactory performance.


PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant ’s issues, as stated on the application:
“ A review of my complete military service record will clearly indicate that I provided nine years of loyal dedicated and honorable service to the Marine Corps. I have never been subject to any NJP’s or other disciplinary proceedings. I do take responsibility for failing to maintain weight standards, however I was disappointed to have been swept up in an indiscriminate policy that was implemented by an overzealous new commander intent on ruling with a tunnel vision and zero tolerance mentality. Further inquiry by the board will show that the number of Marines Administratively Separated by H&S Bn, MCB, Camp S. D. Butler went at an alarming r ate above Marine Corps Standards post 2004. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19960112 - 19960 211       COG
         Active: USMC     19960 2 12 - 19990116       HON
                   USMC     19990117 - 20030130      HON

 Period of Service Under Review :
Date of Enlistment: 20030131              Date of Discharge: 20050317

Length of Service (years, months, days):

 Active: 0 2 0 1 17
         Inactive: None

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

Age at Entry: 26

Years Contracted: 4
Education Level: 12                                 AFQT: 99

Highest Rank: Sgt                                    MOS: 5811/5813

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (1 )                                 Conduct: 3.9 (1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge, Pistol Sharpshooter Badge, Good Conduct Medal (2), Navy/Marine Corps Achievement Medal, Overseas Ribbon (5), Global War on Terrorism Service Medal, N ational Defense Service Medal, Sea Service Deployment Ribbon, Kosovo Campaign Medal, Armed Forces Service Medal, Meritorious Unit Commendation, Certificate of Appreciation, Certificate of Commendation (2), Meritorious Mast, Letter of Appreciation


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 :

030131 :  Reenlisted this date for a term of 4 years.
040105:  Body Composition Program (BCP) evaluation: Semi-annual body composition found Applicant to weigh 230 pounds and has a 31 percent body fat. The Marine’s maximum weight is 197 pounds based on a height of 71 inches. Applicant is advised that the loss of 33 pounds or 13 percent body fat is required and this reduced weight/body fat percentage must be maintained within the 6-month BCP assignment period. Request medical evaluation to determine Applicant ’s medical status for BCP and remedial physical conditioning program (RPCP) participation.

040105:  Medical officer evaluation: Applicant found not to have an underlying cause or associated disease. Applicant is fit for participation in a BCP and Remedial Physical Conditioning Program (RPCP).

040108:  Evans Branch Medical Clinic: S: Applicant her e for body composition evaluation. A: Overweight by Marine Corps standards. P: Ok to enroll in program with proper safety precaution.

 040121:  Applicant informed of mandatory participation in the BCP and the Unit’s Remedial Physical Condition Program (RPCP) for 6-months beginning on 21Jan04 and ends on 21Jul04. Applicant acknowledged understanding and responsibilities.

040129:  Physical Therapy Department, USNH, Okinawa, Japan: Applicant attended Knee School. Light duty. Light impact activities only for 30 days.
040308:  Evans Branch Medical Clinic: S: Follow up. Also with PFPS. Also on Marine Corps weight program. Plan: Refer to Ortho - ? definitive diagnosis.

 040323:  Counseling: Advised of deficiencies in performance and conduct (Assignment to the Marine Corps BCP. Specifically, failed to properly maintain the body composition standards as required by MCO P6200.12.), necessary corrective actions explained, sources of assistance provided.

 040514:  Request for medical reevaluation because Applicant has lost 1 pound and 1 percent body fat.
040514:  Applicant reevaluated and present body composition status is not due to an underlying cause or associated disease. Participation in the BCP and Remedial Physical Conditioning Program should continue until Program assignment expires.

 040622:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Due to insufficient effort, Applicant has not met weight/body fat reduction goals as prescribed by medical officer. Negative attitude towards Marine Corps Policies and Core Values. In the presence of senior SNCO’s Applicant said, “The Marine Corps Body Composition Program is my way out of the Marine Corp so that I can get on with my life”. This does not reflect the level of Honor, Courage, and Commitment expected of Marine Non-Commissioned Officers), necessary corrective actions explained, sources of assistance provided and discharge warning issued.

 040721:  Body Composition Program (BCP) evaluation: Applicant completed first 6-month assignment to the BCP. Applicant has not met the Marine Corps’ body composition standards and has not made satisfactory progress. Applicant granted an extension for an additional 6-month and required to return to body composition standards upon program extension expiration on 21 Jan 05.

040729:  Counseling: Advised of deficiencies in performance and conduct ( Applicant ’s extension to the Marine Corps Body Composition Program. Applicant has not made reasonable progress and has failed to reach body composition while on first assignment to the program. Applicant granted a one-time extension of up to six months to meet the body composition standards.), necessary corrective actions explained, sources of assistance provided, and discharge warning issued.
040823:  Counseling: Advised of deficiencies in performance and conduct (Unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Due to insufficient effort, Applicant has not met the weight/body fat reduction goals as prescribed by the medical doctor.), necessary corrective actions explained, sources of assistance provided, and discharge warning issued.
040903:  Applicant administratively reduced from Sergeant to Corporal for professional incompetence.

 041206:  BCP medical evaluation request. Applicant has gained 6 pounds and 0 percent body fat since being extended on the BCP on 21 Jul 04.
041208:  Counseling: Advised of deficiencies in performance and conduct (Failure of the official Marine Corps Physical Fitness Test on 28 May 2004 and 3 September 2004 and Applicant ’s subsequent failure of PFT’s while assigned to the Remedial PT Program.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 041213:  Evans Branch Medical Clinic: Weight evaluation. Weight : 245 pounds.

 050121:  BCP Evaluation. Applicant failed to meet the Marine Corps’ body composition standards and will receive a 6105 counseling entry and be processed for administrative separation.

 050210 :  Counseling: Advised of deficiencies in performance and conduct ( Failure to meet the Marine Corps body composition standards while assigned to the Marine Corps Body Composition Program (BCP) for the second time. Due to insufficient effort, Applicant has not met weight/body fat reduction goals as prescribed by the medical officer. ), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
050210 :  Applicant notified of intended recommendation for discharge with the characterization of service as general (under honorable conditions) by reason of unsatisfactory performance of duties for failure to conform to weight standards as a result of lack of discipline.

050210 :  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.

050210 :  Commanding Officer, Headquarters and Service Battalion , Marine Corps Base, Camp Smedley D. Butler, recommended Applicant ’s discharge with a general (under honorable conditions) by reason of unsatisfactory performance of duties for failure to conform to weight standards as a result of lack of discipline. The factual basis for this recommendation was Corporal C_( Applicant ) unsatisfactory performance while assigned to the Marine Corps Body Composition Program (BCP ). On 21 January 2004, Corporal C_( Applicant ) was officially notified and assigned to the BCP for a period of six months for not maintaining the required weight per reference (b) . On 14 May 2004, Corporal C_( Applicant ) received his mid-evaluation while on the BC P . Since 21 January 2004, Corporal C_( Applicant ) had lost one pound and one percent body fat. A medical officer re-evaluated Corporal C_( Applicant ) on 14 May 2004 and determined that his present body composition status was not due to an underlying cause or disease and he was still fit to participate in the BCP . On 21 July 2004, Corporal C_( Applicant )’s first sixth month assignment to the BCP expired. He was granted a six-month extension to the BC P on 21 July 2004. At the time Corporal C_( Applicant )’s extension to the BCP expired, it was determined that Corporal C_( Applicant ) had gained six; pounds and lost zero percent body fat. Corporal C_( Applicant ) was notified of his sub-standard performance while on his extension to the body composition program on 21 January 2005 and was advised that he was being recommended for administrative separation for failure to make satisfactory progress while assigned to the BC P.
Additionally, while assigned to the remedial physical training program, Corporal C_( Applicant ) failed the physical fitness test (PFT) on 6 February 2004, 5 March 2004, 28 May 2004 and 3 September 2004. On 8 December 2004, Corporal C_( Applicant ) received a page 11 counseling for his subsequent failure of PFT’s .

050222 :  SJA review determined the case sufficient in law and fact.

 050222 :  GCMCA, Commanding General, Marine Corps Base, Camp Smedley D. Butler, Okinawa , directed the Applicant 's discharge with a general (under honorable conditions) by reason of unsatisfactory performance.

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 20050317 by reason unsatisfactory performance (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 equitable (B and C).

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, Applicant alleged that his Commanding Officer was overzealous in applying the Marine Corps’ weight control standards. The record, however, contains no evidence of any wrongdoing by the Applicant’s Commanding Officer or anyone else for that matter in the discharge process. The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. As such, this Board presumed that Applicant’s discharge was regular in all respects. Relief denied.

The Applicant requested an upgrade to the character of his discharge. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. 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 numerous counseling warnings and two six month assignments to the Body Composition Program (BCP). The Applicant was given ample opportunity to get within weight standards. The Applicant was counseled on 20040622 regarding his failure to meet standards and having stated in the presence of senior noncommisoned officers that “the Marine Corps Body Composition Program is my way out of the Marine Corp so I can get on with my life.” His failure to meet standards constituted a significant negative aspect that outweighed positive aspects of his performance. 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 U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 6206, UNSATISFACTORY PERFORMANCE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), 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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