Upgrade.Vet

USMC | DRB | 2007_Marine | MD0700014

Original file (MD0700014.rtf) Auto-classification: Denied

FOR
ex-, USMC
MD07-00014

Current Discharge and Applicant’s Request :

Application Received:                               20 060925
         Characterization of Service:
         Basis for Discharge :
         Discharge Authority :                       MARCORSEPMAN 6203
         Duty Assignment/ Command at Discharge:    4 ^th rtbn, mcrdep, pisc, plt 4007

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
         Representation:

Applicant’s Issues:
1. Improper measurements resulted in discharge.
2. Unfair discharge due to good service record.

Decision:

By a vote of 5-0 the Characterization shall       remain UNCHARACTERIZED .
By a vote of 5-0 the Basis for Discharge shall remain Entry Level Performance and Conduct .

Date of Decision:                                            20 070816
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           YES
Complete Discharge Package:                        YES

Regarding propriety, the Board found the discharge:      PROPER
Regarding equity, the Board found the discharge:         EQUITABLE

Issue 1 (Propriety): The Applicant stated in her DD Form 293 that she was discharged for “obesity”, but was not at her maximum weight allowance when discharge d . The Applicant’s height as recorded in her record was 67 inches, with a maximum allowable weight of 156 lbs. The Applicant’s service record from re cruit training contains many entries on many occasions stating that her current weight exceeded the maximum allowable weight. When separation i s initiated during entry level status for failure to meet standards , the Marine’s service is normally characterized as Uncharacterized. The Board found no evidence to suggest the Applicant’s discharge was not proper.

Issue 2 (Equity): R egulations state that separations initiated within the entry level period (first 180 days of service) will normally be characterized as “Uncharacterized.” The Board found no evidence in the record or the documentation submitted by the applicant that identified exce ptional circumstances that may warrant an honorable discharge. Therefore, change to an honorable discharge is not warranted in this case.

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.

Summary of Service:
Prior Service:
Inactive: USMCR (DEP)                               19910807 - 19911217
Active:

Period of Service Under Review:
Date of Enlistment:                                 19911218
Years Contracted :
Date of Discharge:                                  19920505
Length of Service
         Active:                                     0 Yrs 4 Mths 18 D ys (does not exclude lost time)
         Inactive:                                            0 Yrs 0 Mths 0 D ys
         Time Lost During This Period:

Education Level:
Age at this Enlistment:
AFQT:                                                 55
MOS:                                                  9900
Highest Rank:
Proficiency/Conduct marks (# of occasions):               N/A / N/A
Awards and Decorations ( fm DD Form 214):         NONE

Service Record Entries Related to Characterization of Service or Basis for Discharge

19920121 :        Counseling: Advised of deficiencies in performance and conduct , namely not showing the ability to successfully complete recruit training , not putting forth reasonable effort at all times , and failure to meet the required physical standards due to lack of self-di scipline. D ischarge warning issued.

19920401:        Series Commander, Series MRP/PCP requests preliminary medical evaluation due to applicant not meeting acceptable body weight/personal appearance standards.

19920401:        Accredited Health Care Provider recommended applicant Meal Plan 1 (lose weight/maintain strength; female) The medically recommended weight loss is no more than two pounds per week, until the recruit meets Weight Control weight standards. Based upon recruit’s current weight, a weight of 155 pounds should be attained by the end of recruit training. Recruits will not graduate if they are over their maximum allowable weight standards unless an alternate weight standard has been obtained and approved by their RTBn CO.

19920425:        Recruit Evaluation Card: Applicant was sent to BC on 19920424 to obtain recent documentation of her weight control problem. Applicant seen by Dr. S_ and his medical diagnosis is “obesity, not resolving”. Weight: 167 pounds with a maximum of 156 pounds. He recommends separation from USMC. He also states she is not acceptable for reenlistment for any branch. Concur with recommendation for separation but disagree with reaccession possibil ities. Applicant has been an above average recr uit who has performed well in recruit training and has made a sincere effort to lose weight. If she is able to lose and maintain her weight she should be given due consideration for reaccession. Med Boards state they do not provide drop chit for not meeting weigh t standards and that it should be an administrative type separation. Hence the recommendation for BS/incapability.

19920426:        Weight progress chart: Weight 165 pounds.

Medical Record Entries Related to Characterization of Service or Basis for Discharge

19920424:        Branch Medical Clinic, Marine Corps Recruit Depot, Parris Island, SC. Applicant here for a drop sheet from Doc S_. Applicant weight is 167 pounds and height is 67 inches. Minimum weight for this height is 109 and maximum is 151.
         Recommend separation from USMC - apparently applicant has been in PCP for 50 days and has made no conscientious effort to correct this problem.

Elements of Discharge: [INVOLUNTARY]

Date Notified:                                       19920428
Basis for Discharge:
Least Favorable Characterization:
Commanding Officer’s Intended Recommendation:

Date Applicant Responded to Notification:                 19920428
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)
         Administrative Board

Commanding Officer Recommendation (date):        ( 19920430 )
SJA review (date):
Separation Authority (date):     COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT/ EASTERN RECRUITING ( 19920430 )
         Basis for discharge directed:
         Characterization directed:
Date Applicant Discharged:                         19920505

Additional Documents Submitted by Applicant and Considered By Board

Total Number of Pages:                               1

Related to Period of Service Under Review:
         From Service and/or Medical Record:               Other Records:

Pertinent Regulation/Law

A. Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT

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, 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 me mbers 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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USMC | DRB | 2007_Marine | MD0700014

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