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USMC | DRB | 2006_Marine | MD0601026
Original file (MD0601026.rtf) Auto-classification: Denied

ex-PFC, USMC
MD06-01026

 Current Discharge and Applicant’s Request :

Application Received:                               20 060731
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MARCORSEPMAN PARA 6206.5
Last Duty Assignment/ Command at Discharge:       2DAABN 2DMARDIV CAMLEJ NC 28542

Applicant’s Request:
          Narrative Reason change to:               NO NE REQUESTED
         Characterization chang e to:               
         Review Requested :                          
Representation:                                              NONE


Decision:

Date of Decision:                                             20 0706 07
The Discharge shall :                      GENERAL (UNDER HONORABLE CONDITIONS)
                                                      UNSATISFACTORY PERFORMANCE
Regarding p ropriety , the Board found the discharge :       PROPER
Regarding e quity , the Board found the discharge :          EQUITABLE
Vot e (characterization/reason)                      UNANIMOUS/UNANIMOUS
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           NO
Complete Discharge Package :                        YES



Summary of Service :

Prior Service:
 Inactive: USMC R (DEP)                               20020219-20021021 COG
Active:                                          NONE
Period of Service Under Review :
Date of Enlistment:                                 20021022      
Years Contracted :                                   ;      
Date of Discharge:                                  20050726
Length of Service:                                  02 Yrs 09 Mos 05 Days Does not exclude lost time, if any.
Time Lost During This Period:                     
Days Unauthorized Absence:                         NONE
Days Confinement:                                   NONE

Education Level:                                   
Age at this Enlistment:                                     19
AFQT:                                                 40
MOS:                                                   1341
Highest Rate/Rank:                                   LCPL

Performance Evaluation Averages (number of marks):
 P roficiency :                                         NOT FOUND IN RECORD
Conduct :                                              NOT FOUND IN RECORD

Awards and Decorations (as listed on the DD Form 214):
SEA SERVICE DEPLOYMENT RIBBON, GLOBAL WAR ON TERRORISM SERVICE MEDAL, NATIONAL DEFENSE SERVICE RIBBON, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL (IRAQ), LETTER OF APPRECIATION, RIFLE QUA LIFICATION BADGE (SHARPSHOOTER)




Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20030317:        Medical O fficer evaluation: Applicant found not to have an underlying cause or associated disease. Applicant is fit for participation in a Body Composition program ( BCP ) and a Remedial Physical Conditioning Program ( RPCP ).

 20030 9 09:        B CP evaluation: Semi-annual body composition found Applicant to weigh 196 pounds with 27 percent body fat. The Marine’s maximum weight is 170 pounds based on a height of 66 inches. Applicant advised that the loss of 26 pounds or 9 percent body fat is required and this reduced weight/body fat percentage must be maintained within the 6-month BCP assigned period. Request medical evaluation to determine Applicant’s medical status for BCP and RPCP participation.

20030 9 15:        Applicant informed of mandatory participation in the BCP and the Unit’s Remedial Physical Condition Program (RPCP) for 6 months beginning on 20030915 and end ing on 20040315 . Applicant acknowledged understanding and responsibilities.

20030915:        Medical O fficer evaluation: Applicant found not to have an underlying cause or associated disease. Applicant is fit for participation in a BCP and RPCP.

 20030915:        Counseling: Advised of deficiencies in performance and conduct c oncerning your assignment to the Marine Corps Body Composition Program. Specifically, you failed to maintain your body standards as required by MCO P6100.12, necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20040305:        Counseling: Advised of deficiencies in performance and conduct c oncerning lack of progress while assigned to the BCP. Specifically you have gained 28 pounds and added 6% body fat since your assignment to the program on 20030915, necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Admi ni stratively reduced to PFC for unsatisfactory performance in the BCP.

20040323:        Competency Review Board held due to failure to meet prescribed BCP goals. Reduced to E-2 and recommended for administrative separation.

20040323:        Granted a 6 month extension on the BCP .
20040323:        Counseling: Advised of deficiencies in performance and conduct c oncerning your extension on the Marine Corps BCP. You have failed to make reasonable progress to reach your required body composition while on your first assignment to the program. Therefore, you have been granted a one time extension of 6 months to meet the body composition standards set fourth in MCO P6100.12, necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
20040710:        Counseling: Advised of deficiencies in performance and conduct c oncerning your lack of progress while assigned to the BCP. You have failed to make reasonable progress to reach your required body composition while on your first assignment to this program, you where then granted a one time extension of 6 months to meet the body composition standards set fourth in MCO P6100.12., at the four month mark you have failed to make reasonable progress towards your weight/body fat percentage), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
20041001 :        Counseling: Advised of deficiencies in performance and conduct c oncerning your unsatisfactory performance while assigned to the Marine Corp BCP. Due to insufficient efforts, you have not met your weight/body fat reduction goals as prescribed by the medical officer , necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
20041001:        BCP evaluation: Applicant failed to meet the Marine Corps’s body composition standards and will receive a 6105 counseling entry on your SRB page 11, and be processed for administrative separation per paragraph 6206 or 6105 of MCO P1900.16F.

20050613:        Final weigh in at 236 pounds with 34% body fat.


Elements of Discharge: [INVOLUNTARY]

 Discharge Process:                                  Notification P roc e dure
Date Notified:                                       2 0050 513
Narrative Reason(s):                                UNSATISFACTORY PERFORMANCE
                                                     
Least Favorable Characterization:                          GENERAL (UNDER HONORABLE CONDITIONS)
Commanding Officer’s Intended Recommendation:    GENERAL (UNDER HONORABLE CONDITIONS)
Record Supports Narrative Reason:                          YES
Date Applicant Responded to Notification:                 20050 513
Rights Elected at Notification:
 Consult with Counsel                      
Administrative Board                      
Obtain Copies                              WAIVED
 Submit Statement(s)                       
                                                     
Recommendation of Commanding Officer (date):     GENERAL (UNDER HONORABLE CONDITIONS) ( 20050 516)
SJA review (date):                                  ( 20050 711)
Discharge directed by (date):                      COMMAND ER, 2D MARINE DIVISION (REAR) ( 20050 720)
Narrative reason directed:                                  UNSATISFACTORY PERFORMANCE
 Characterization of directed:                      GENERAL (UNDER HONORABLE CONDITIONS)
Date Applicant Discharged:                         20050 726

Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service Under Review :
          Service/Medical Record :                              1
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           1
         Employment :                                          2
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              4


Applicant’s Issues, as summarized by the Board:
 1. To be able to join the Reserves.
2. Unable to use GI Bill benefits
3. Military record supports an Honorable discharge.
4. Post service.

Issue s 1 and 2 : The Board determined that th ese Issue s are not issue s which can form the basis for relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding this issue  

Decisional Issues:
 The Board accepted Issue s 3 -4 for consideration.

 Issue 3 (Equity) When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. 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 stated he tried to serve to the best of his ability, but was unable to do so. The NDRB recognizes that serving in the Marine Corps is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The Applicant’s service was marred by continuous failures to make progress in the BCP and by five counseling sessions including five warnings of administrative separation from the Marine Corps. While the NDRB respects the fact that the Applicant tried, his service is equitably characterized as being performed as general (under honorable conditions). The Applicant’s service fall s below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief d enied.

Issue 4 (Equity) The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides that an unfavorable discharge, may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided an earnings statement as documentation of post-service accomplishments. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a complete employment record, documentation of community service, and certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant did not mitigate the misconduct that resulted in the characterization of discharge.
Relief denied.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

 None





Pertinent Regulation/Law

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001 until Present, Paragraph 620 6 , UNSATISFACTORY PERFORMANCE .
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

ADDENDUM: Information for the Applicant
Complaint Procedures : 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 ” .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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