Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901363
Original file (MD0901363.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090421
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       19891212 - 19900924     Active:            199 0 0925 - 19950928

Period of Service Under Review:
Date of Current Enlistment: 19950929     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19990106      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 08 D a y ( s )
Education Level:        AFQT: 39
MOS: 2536/2531
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle Pistol WITH 1 STAR WITH 1 STAR MM LoA

 Periods of UA / CONF :

NJP:

SCM:

SPCM:

CC:

Retention Warning Counseling :

- 19960125 :       For failure to be at your appointed place of duty, BN remedial PT 19960119.

- 19960318 :       For failure to make progress on the BN weight control program for the month of February.

- 19970517 :       For lack of progress on the Battalion Weight Control Program. On 19970305 you were assigned to the Battalion Weight Control Program, for the second time, with a start weight of 239 pounds, a goal weight of 221 pounds to be obtained by 19970605. Your current weight is 240 pounds, and this clearly shows a lack of progress.

- 19971031 :       On 19970317 you were assigned to the Battalion Weight Control. You failed to conform to Marine Corps height and weight standards within the prescribed time frame. On 19970826 you went in front of an Admin Reduction board due to failure to conform to the Marine Corps standards. You were reduced to Corporal. This was your second assignment to the Weight Control Program. To date you have been unable to conform to the standards set forth by the Marine Corps. You have been given ample opportunities and specific nutritional guidance to help you. Your failure to conform shows lack of discipline on your part.

- 19980407 :       For substandard progress while on the Battalion Weight Control Program.

- 19980415 :       For substandard progress while on the Battalion Weight Control Program.

- 19980630 :       For substandard progress while on the Battalion Weight Control Program for the months of May through June.

Types of Documents Submitted/reviewed

 Related to Military Service:
                  DD 214:            Service / Medical Record:            Other Records:   

Related to Post-Service Period:  
         Employment:               Finances:                 Education /Training :     
         Health/Medical Records:           Substance Abuse:                  Criminal Records:       
         Family/Personal Status:                   Community Service:                References:     
         Additional Statements :
                   From Applicant:            From Representat ion :               From Congress member :    

         Other Documentation :

Pertinent Regulation/Law

 A. Paragraph 6215, WEIGHT CONTROL FAILURE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until 31 August 2001.

 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 .



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1.       Applicant desires GI Bill benefits.

Decision


 Date: 20 0 9 0107            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE .
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant did not identify any decisional issues to the Board. However, the Board did complete a thorough review of the circumstances which led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service included 6105 counseling warnings and no other misconduct. Based on the Applicant ’s failure to conform to Marine Corps height and weight standards , command administratively processed for separation. The NDRB did not have access to the Applicant’s complete administrative separation package to determine whether or not the Applicant waived rights to consult with qualified coun sel, submit a written statement and r equest an a dministrative b oard.

: (Nondecisional) The Applicant requests an upgrade to Honorable in order to qualify for further GI Bill benefits. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .



ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : 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. 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. There are veterans organizations such as the American Legion and the Association of Service Disable Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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 | 2007_Marine | MD0700259

    Original file (MD0700259.rtf) Auto-classification: Denied

    There is credible evidence in the record that the Applicant DID NOT CONFORM TO Marine Corps weight standards. The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service was marred six discharge warnings and a failure to conform to Marine Corps weight and appearance standards. NOT FOUND IN RECORD Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s)...

  • NAVY | DRB | 2004 Marine | MD04-01356

    Original file (MD04-01356.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s service was marred by numerous adverse counseling entries for unsatisfactory performance and conduct relating to his billet assignments, substandard physical fitness, and failure to make progress while assigned to the weight control program. The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from...

  • 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 | 2014_Marine | MD1401194

    Original file (MD1401194.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 enhancing reenlistment opportunities.

  • USMC | DRB | 2006_Marine | MD0600859

    Original file (MD0600859.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, discharge warning issued.20010111: Counseling: Advised of deficiencies in performance and conduct (You have been assigned to the Marine Corps weight control program for a period of six months. Post-service conduct.Regarding Issue 1, the Board determined that this is not an issue which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant...

  • USMC | DRB | 2009_Marine | MD0902230

    Original file (MD0902230.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 enhancing reenlistment opportunities.

  • USMC | DRB | 2009_Marine | MD0901793

    Original file (MD0901793.rtf) Auto-classification: Denied

    On 28 March 2008, eight months into the BCP program, the Applicant was 197 pounds and 22 percent body fat, still five pounds and four percent body fat over the maximum allowable standard. ” 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...

  • USMC | DRB | 2007_Marine | MD0700719

    Original file (MD0700719.rtf) Auto-classification: Denied

    Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (20000321) SJA review (date): Separation Authority (date): COMMANDING OFFICER, HEADQUARTERS AND SUPPORT BATTALION (20000329) Basis for discharge directed: DUE TO WEIGHT CONTROL FAILURE Characterization directed: Date Applicant Discharged: 20000331 Types of Documents Submitted by Applicant and Considered By BoardRelated to...

  • USMC | DRB | 2008_Marine | MD0801904

    Original file (MD0801904.rtf) Auto-classification: Denied

    For the edification of the Applicant, any misconduct that occurs while other processes are in work, such as; administrative separations due to medical or mental health issues, will take precedence when determining the Applicant’s character of service. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited...

  • USMC | DRB | 2001_Marine | MD01-00313

    Original file (MD01-00313.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Unsatisfactory Performance-Failure to conform to weight standards (administrative discharge board not required), authority: MARCORSEPMAN, Para 6206.1. Assistance/sources provided, but discharge warning issued.900214: Counseled for deficiencies in performance and conduct. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 920320 under honorable conditions (general) due to...