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USMC | DRB | 2006_Marine | MD0600580
Original file (MD0600580.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. MD06-00580

Applicant’s Request
The application for discharge review was received on 2006032 2 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ Completion of Required Service . ” 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 20070125 . 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) by reason of unsatisfactory performance.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues derived from Applicant’s submission:

Propriety: Body composition program procedures not followed.
Equity: Characterization of general (under honorable conditions) not warranted by overall service record.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
 Narrative Statement from Applicant, dtd February 20, 2006 (2 pgs)
Letter from SgtMaj D_ J. H_ USMC (Ret)
Excerpts from Service Record (13 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20001019 - 20010225       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20010226              Date of Discharge: 20040719

Length of Service (years, months, days):

 Active: 0 3 0 4 24
         Inactive: None

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

Age at Entry: 20

Years Contracted: 5

Education Level: 12                                 AFQT: 68

Highest Rank: LCpl                                   MOS: 0231

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 3 ( 8 )                       Conduct: 4 . 2 ( 8 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Navy and Marine Corps Achievement Medal (x2), Meritorious Unit Commendation, National Defense Service Medal, Certificate of Commendation, Meritorious Mast, Rifle Expert Badge (x2), Pistol Marksmanship Badge


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 :

001019:  CO RSSF waiver M4718 approved.
020628:  Applicant fails semi-annual Physical Fitness Test.

020701:  Counseling: Advised of deficiencies in performance and conduct (specifically failure to adhere to the Marine Corps weight and body fat standards resulting in first assignment to the Marine Corps Body Composition Program.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
0 2 0 702 :  Applicant placed on Body Composition Program (BCP), 1 st assignment. Initial weight, 216 lbs. Goal weight, 214 lbs. Body fat, 20%.

0301??:  Applicant meets body fat standard (18%) and removed from BCP. Applicant weight measured at 248 lbs, 34 lbs above standard.
030414:  Applicant informed of Body Composition Program (BCP). Applicant present weight is 252 pounds, height is 74 inches. The Marine’s maximum weight is 214 pounds. Applicant body fat (Neck 16.5, Waist 40.5) is 24%. The Marine’s maximum body fat is 18%.

 030414:  Body Composition Program (BCP) evaluation: Semi-annual body composition found Applicant to weight 252 pounds and has a 20 percent body fat. The Marine’s maximum weight is 214 pounds based on a height of 74 inches. Applicant is advised that the loss of 6.3 pounds or 6 percent body fat is required and this reduced weight/body fat percentage must be maintained with the 6-month BCP assign ment period. Request medical evaluation to determine Applicant’s medical status for BCP and remedial physical conditioning program (RPCP) participation.
030414:  Medical Entry: Marine Air Group 24, Medical Aid Station, LCDR D_ K. W_, MC (FS, HMO) USNR, Senior Medical Officer:
         MBR (Applicant) found overweight (252#). Exam 2 nd period. Desires eval and counseling. Lifelong prob with weight. States strict compliance with 1500 cal diet yet 6# wt gain over 2 weeks. Will check labs. Consider LEAN. Advised diet diary. Also advised to weigh portions. Consider comrats x 3 mos.

 030624:  Medical Entry: Marine Air Group 24, Medical Aid Station, LCDR D_ K. W_, MC (FS, HMO) USNR, Senior Medical Officer:
          22 y.o. otherwise healthy USMC weight control with failure to progress with weight control. Very evasive to suggestions for physical trai n ing and intake mgmt. Mood, down; negative SI/HI, decreased sleep 3-4 hours per night, (illegible), positive anhedria, diet questionable.
         O: Depressed appearing, poor eye contact. Positive passive/aggressive traits, narcissistic traits.
         A: poss mild depression on Axis II; confusion
         P: 1. Start Paxil 10mg x 7d then increase to 20 mg x 7day then increase to 30 mg per day.
         2. weekly follow-up with me.
030630:  Medical officer evaluation: Applicant found not to have an underlying cause or associated disease. Applicant fit for participation in a BCP and Alternative RPCP.
030702:  Body Composition Program (BCP) evaluation: Applicant is not 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 6.3 pounds or a body fat reduction goal of 6 percent per month. Applicant’s goal is to lose two pounds and one percent body fat. Applicant’s mandatory participation in the BCP and following program begins 030702 and ends on 040102. The unit’s Remedial Physical Conditioning Program (RCCP) for 6 months.

030702:  Counseling: Advised of deficiencies in performance and conduct (reassignment to the Marine Corps BCP, specifically, failed to properly maintain body fat composition standards as required by MCO P6100.12 for a second time), advised that this subsequent assignment is for a 6-month period, necessary corrective actions explained, sources of assistance provided, discharge warning (for either weight control or unsatisfactory performance) issued.
030702:  Applicant acknowledges understanding that he is not in adherence with Marine Corps body composition standards, not due to an underlying cause or associated disease; he is not eligible for the Physical Performance Evaluation and being assigned to the BCP for the 2 nd assignment; that he was directed to meet the weight reduction goal of 6.3 pounds or body fat reduction goal of 1% per month, and that weight goal is 214 pounds and body fat goal is 18%; that he was required to participate in the BCP and RPCP as prescribed for 6 months, have weight and body fat measurements taken and recorded once every two weeks, follow the dietary regimen prescribed by the evaluating Medical Officer, and complete the MCI Course, “Basic Nutrition.”
030728:  MAG 24 Medical Station (Physical Exams) , Dr. D_ K. W_, refers Applicant to Cardiology Clinic, Tripler Army Medical Center :
          Reason for request: 22 yo AD USMC on remedial training for failure of weight and running, states he exercises twice daily, yet during monitored physical training his heart rate was witnessed at 180. He presented pale, diaphoretic, resting tachycardia of 100. Recent TSH, CBC, chem and heratic all neg. EKG on event day – normal. He reports periods of extreme heart rates. Ausculation negative for murmers. Please evaluate for fitness for duty and/duty restrictions. If test is negative, this test could aid in military disposition.

030815:  Tripler Army Medical Center Cardiology Clinic Exercise Stress Test Report, J_ G_, RN:
          Resting ECG: normal.
         Full Bruce for 13:44 min. stopped due to fatigue.
         Heart Rate: Resting HR 72 bpm increasing to 184 bpm with exercise (92% MPHR)
         Blood pressure: Resting SPB 122mmHg increasing to 182mmHg with exercise.
          ST/TW c hanges: Considerable motion artifact at peak exercise. However, no ST changes noted immediate recovery.
         Ectopy: None.
         Symptoms: No chest pain.
          Impression: 1. Good 17 MET exercise tolerance.
2.       Appropriate HR response to exercise.
3.       Appropriate blodd pressure response to exercise.
4.       Normal GXT.
030905:  NJP for violation of UCMJ, Article 92: Did on or about 030903, failed to obey a lawful order (GrpO 11000.2A, BEQ Regulations) by wrongfully possessing alcohol (liquor).
         Award: Forfeiture of $368.00 pay per month for 1 month (suspended for 3 months), restriction and extra duty for 14 days. Not appealed.
031103:  Body Composition Program (BCP) evaluation: Applicant has been participating in the BCP and Remedial Physical Conditioning Program for 4 months. A medical reevaluation is requested on Applicant, based on progress made towards weight control and body fat reduction goals. If weight and body fat reduction goals are not being met or maintained, verify the diagnosis of no underlying cause or associated disease. Applicant lost 0 pound(s) and 0 percent body fat, since being placed on BCP 030702.
031112:  Medical officer evaluation: Applicant body composition status is not due to an underlying cause or associated disease. Applicant participation in the BCP and remedial physical conditioning program should continue until Program assignment expires.
040415:  Competency Review Board found applicant above Marine Corps weight and body fat standards, unable to pass Marine Corps PFT. By unanimous vote, finds Applicant to be professional incompetent and recommends administrative reduction in rank.

040420:  Applicant administrative ly reduc ed to Lance Corporal for professional i ncompetence, specifically associated with lack of physical fitness.
040429 :  Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of unsatisfactory performance due to failure to conform to weight control standards . The factual basis for this recommendation was failure of second assignment to Body Composition Program dated 16 January 2004 . Applicant i nformed that least favorable character of service possible was as general (under honorable conditions).

040429 :  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.

040429 :  Commanding Officer , Marine Aircraft Group 24, recommended to Commanding General, 1 st Marine Aircraft Wing, that the Applicant be discharge d by reason of unsatisfactory performance due to failure to conform to Marine Corps Height and Weight standards with a characterization of service as general (under honorable conditions) . Also recommends that discharge be suspended for 6 months pending outcome of continued participation in the B CP .

0 40 5 20 :  SJA review determined the case sufficient in law and fact . Nonconcurs with Commanding Officer, Marine Aircraft Group 24 recommendation for suspension and recommends that the Applicant be discharged with a characterization of service as general (under honorable conditions).

0 4 0 521 :  GCMCA, Commanding General , 1 st Marine Aircraft Wing, directed the Applicant's discharge by reason of unsatisfactory performance with a characterization of service as general (under honorable conditions)

040704:  Counseling: Advised of deficiencies in performance and conduct (failed second assignment to the Marine Corps Body Composition Program (BCP), specifically, you failed to meet height, weight, and/or body fat standards as per MCO P6100.12), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
040629:  Applicant passes semi-annual PFT with a 191, 2 nd Class score. Weight 243, body fat 24%.

 040716:  Applicant found physically qualified for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040719 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 propriety issue , w hile there was some evidence supporting Applicant’s contention that he should not have been removed from his 1 st assignment to the Body Composition Program (BCP) but rather should have been extended on it, the overall record indicated that he had meet the body fat standard and therefore support ed the conclusion that his removal from the program was p roper. The Board noted that the Applicant underwent extensive medical examination throughout his 2 nd 6-month assignment to the BCP and also noted that, while demonstrating little to no progress towards meeting goal during t his 2 nd assignment, the Applicant was able to lose weight and significantly improve his Physical Fitness Test score (from failure to 2 nd Class) in the 8 weeks following notification of separation proceedings. Therefore, the Board found that the record supported the conclusion that the Applicant failed to make satisfactory performance towards attaining Marine Corps weight and body fat standards, and that such failure was primarily due to the Applicant’s lack of effort. Relief is not warranted on grounds of propriety.

Regarding characterization of service, 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 administrative reduction in rank due to professional incompetence, unsatisfactory performance toward making weight and body fat goals, and a nonjudicial punishment proceeding for violation of Article 92 of the UCMJ. 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 short of that required for an upgrade of his characterization of service. Relief is not warranted.

Regarding the Applicant’s request to change the narrative reason for discharge to “completion of required service” the Board noted that the Applicant did not serve the 5 years of his enlistment contract, and therefore did not complete his required service. As described above, the Board determined that the record supported the conclusion that discharge on the basis of unsatisfactory performance was appropriate. Therefore, no relief regarding narrative reason for discharge is 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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