Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700456
Original file (MD0700456.rtf) Auto-classification: Denied
ex-, USMC
MD07-00456
Current Discharge and Applicant’s Request
Application Received: 20070221   Characterization Received:
Narrative Reason: COMPLETION OF REQUIRED ACTIVE SERVICE  Authority: MARCORSEPMAN 5002

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. VA Benefits
                           2. Employment opportunities
                           3. Medical issues resulted in 70% compensation
                           4. Did not have disciplinary problems in service
                           5. Weight control resulted in unfair proficiency and conduct marks

Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall COMPLETION OF REQUIRED ACTIVE SERVICE

Date: 20 071101                                             Location: Washington D.C.

Discussion

 Issues 1 - 3 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Issue s 4 & 5: ( ). The Applicant contends that his characterization of discharge was unjust because his weight control issues resulted in unfair proficiency and conduct marks . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was wrongfully assigned average proficiency marks of 3.7 and average conduct marks of 3.4 during his enlistment. Per MARCORPSEPMAN, an honorable characterization is appropriate when the quality of the Marine’s service h a s met the standards of accepted conduct and performance of duty for military personnel. Therefore, characterization will be honorable for Marines with average proficiency marks of 3.0 or higher and average conduct marks of 4.0 and higher. An upgrade to honorable would be inappropriate.

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, Medical and Service Record Entries , Discharge Process and evidence submitted by the Applicant, t he Board found that



Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     19990629 - 20000611              Active:
Period of Service Under Review:
 Date of Enlistment: 20000612               Years Contracted :        Date of Discharge: 20050611
Length of Service : 05 Yrs 00 Mths 00 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 62          MOS: 6413 Highest Rank:
Proficiency/Conduct marks (# of occasions):      3.7 ( 11 )/ 3.4 ( 11 )   Fitness reports :
Awards and Decorations ( per DD 214): MARINE CORPS GOOD CONDUCT MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL, LETTER OF APPRECIATION, CERTIFICATE OF APPRECIATION, RIFLE QUALIFICATION BADGE (EXPERT)

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

 20010727 :        MARCORSEPMAN 6105 counseling for overweight and/or in excess of the allowable body fat standard (first assignment with 180 day extension). Current body fat is 200/29%, max allowable weight/body fat by MCO 6100.12 is 181/18%.

Discharge Process

 Date Applicant Discharged:       20050611

Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe) Department of Veterans Affairs rating decision.

Pertinent Regulation/Law

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION .
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 to the Joint Service Review Activity , OUSD (P&R) PI-LP , The Pentagon , Washington, DC 20301-4000 . 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, provi ded 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 grante d 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.
Employmen t / 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 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

Similar Decisions

  • USMC | DRB | 2009_Marine | MD0901895

    Original file (MD0901895.rtf) Auto-classification: Denied

    The NDRB determined the Applicant was not separated for medical reasons but for failure to meet assigned weight and body fat standards.The Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 to 31 August 2001, however, does allow for an Honorable discharge for servicemembers separated for unsatisfactory performance (paragraph 6206).After a review of the Applicant’s service record, the NDRB did find that his service met the standard for honorable conduct. ...

  • USMC | DRB | 2003_Marine | MD03-00125

    Original file (MD03-00125.rtf) Auto-classification: Denied

    MD03-00125 Applicant’s Request The application for discharge review, received 20021024, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The fact that the Applicant was in a limited duty status during much of his enlistment does not make his assignment to weight control and subsequent administrative separation for failure to maintain weight standards either improper or inequitable.

  • USMC | DRB | 2012_Marine | MD1201587

    Original file (MD1201587.rtf) Auto-classification: Denied

    Based on the Applicant’s record of service to include average Proficiency and Conduct markings of 4.0 and 3.8, the NDRB determined the Applicant’s service was honest and faithful but significant negative aspects of his conduct or performance of duty outweighed the positive aspects of his service record, and the awarded characterization of service was warranted. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record...

  • USMC | DRB | 2007_Marine | MD0700997

    Original file (MD0700997.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR (DEP)20000923 - 20010710Active: Period of Service Under Review: Date of Enlistment: 20010711Years Contracted:Date of Discharge:20040326Length of Service: 02 Yrs 08Mths15 DysLost Time:Days UA: Days Confined: Education Level:Age at...

  • USMC | DRB | 2008_Marine | MD0800925

    Original file (MD0800925.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE.Discussion (Equity): RELIEF WARRANTED.When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. ” 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. Whenever a member is being processed through the...

  • USMC | DRB | 2005_Marine | MD0500509

    Original file (MD0500509.rtf) Auto-classification: Denied

    [Concerning your assignment to the Marine Corps Body composition program. Applicant counseled that he will be processed for administrative separation due to failure to maintain the Marine Corps standards. The Commanding Office is recommending that the Applicant receive a General (Under Honorable Conditions).

  • USMC | DRB | 2007_Marine | MD0700790

    Original file (MD0700790.rtf) Auto-classification: Denied

    Recommendation on Separation: BY Recommendation on Characterization: BY Commanding Officer Recommendation (date): (20050315) SJA review (date): (20050802) Separation Authority (date): COMMANDER, 2D MARINE AIRCRAFT WING (20050802) Basis for discharge directed: Characterization directed: Date Applicant Discharged: 20050812 Types of Documents Submitted by Applicant and Considered By BoardRelated to Military Service: Service and/or Medical Record:Other Records: Related to Post-Service Period:...

  • USMC | DRB | 2006_Marine | MD0600068

    Original file (MD0600068.rtf) Auto-classification: Denied

    Applicant advised to loss 16 pounds or 5 percent body fat and maintain for 6-month BCP assignment period.021029: First Endorsement to CO’s ltr of 29 Oct 02. I am recommending that he receive a General under honorable conditions discharge.This recommendation is based upon the respondent’s failure to meet Marine Corps weight standards set forth by the Body Composition Program (BCP) . According to the reference, a Marine assigned to the BCP on two separate occasions (e.g., first and second...

  • USMC | DRB | 2013_Marine | MD1301504

    Original file (MD1301504.rtf) Auto-classification: Denied

    The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety.The Applicant’s record of service included 6105 counseling warnings and for of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, 4 specifications), Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), Article 92 (Failure to obey order...

  • USMC | DRB | 2009_Marine | MD0901820

    Original file (MD0901820.rtf) Auto-classification: Denied

    The NDRB determined the Applicant met the requirements for separation by reason of unsatisfactory performance by failing to conform to the Marine Corps weight standards. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of...