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USMC | DRB | 2006_Marine | MD0600851
Original file (MD0600851.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. MD06-00851

Applicant ’s Request
The application for discharge review was received on 20060601 . 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 20070329 . 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 weight control failure.
The NDRB did note administrative error(s) on the original DD Form 214. Block 2 4 , Character of Service, should read: “ GENERAL (UNDER HONORABLE CONDITIONS) .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.


PART I - ISSUES AND DOCUMENTATION

Decisional Issues

The Applicant is claiming quality of service equity. He states “the only problem I had was weight control failure”.

Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19981007 - 19991129       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19991130              Date of Discharge: 20030710

Length of Service (years, months, days):

 Active: 03 07 11
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 53

Highest Rank: LCpl                                   MOS: 2111

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 ( 7 )                                 Conduct: 4 . 3 ( 7 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Good Conduct Medal, National Defense Service Medal, Rifle Marksman Badge, Pistol Marksman 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 :

010621 :  Counseling: Advised of deficiencies in performance and conduct ( Violation of Article 86. Specifically, by being UA from in reporting back from TAD and failing to be at your appointed place of duty. ), necessary corrective actions explained, sources of assistance provided.
020712 :  Counseling: Advised of deficiencies in performance and conduct ( Assignment to the Body C omposition Program. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
021015 :  Counseling: Advised of deficiencies in performance and conduct ( Unsatisfactory performance while assigned to the Marine Corps BCP. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
030115:  Applicant 6-month assignment to BCP expired on 030112.

 030430 :  Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of unsatisfactory performance . The factual basis for this recommendation was your failure to make progress while assigned to the weight control program. Applicant informed the least favorable character of service possible was as general (under honorable conditions).
030430 :  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.

030430 :  Commanding Officer recommended Applicant ’s discharge with a general (under honorable conditions) by reason of unsatisfactory performance due to failure to conform to weight standards.

030611 :  GCMCA, Commander, Marine Corps Air Bases Western Area , directed the Applicant 's discharge with a general (under honorable conditions) by reason of failure to conform to weight standards.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030710 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 equitable (B and C).

The Applicant is requesting a characterization of discharge upgrade to honorable. The Applicant is claiming quality of service equity. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A characterization of service as general (under honorable conditions) 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 counseling on 3 occasions advising the Applicant of deficiencies in performance and conduct for violation of UCMJ Article 86 (Unauthorized absence) and (Unsatisfactory performance while assigned to the Marine Corps Body Composition Program (BCP)). The Applicant’s conduct and failure to make progress while assigned to the weight control program, which form the primary basis for determining the character of his service, reflect his misconduct, and falls below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief is therefore 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. 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 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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