Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901793
Original file (MD0901793.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090610
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:         NONE              Active:  

Period of Service Under Review:
Date of Current Enlistment: 20060412     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20081216      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 05 D a y ( s )
Education Level:        AFQT: 49
MOS: 7212
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJ P:

SCM:

SPCM:

CC:

Retention Warning Counseling :

- 20070830 :       Concerning your assignment to the Marine Corps Body Composition Program. Specifically, you failed to properly maintain your body composition standards as required by MCO P6100.12. On 20070717, you were found to be overweight at 225 pounds (max weight by MCO P6100.12 is 192 pounds). You are advised that t his assignment is for a 6 month period.

- 20080104 :       For your unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Due to insufficient effort, you have not met your weight/body fat reduction goal as prescribed by the medical officer.

- 20080229 :       Concerning your extension on the Marine Corps Body Composition Program. You have made reasonable progress but have failed 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 forth in MCO P6100.12.

- 20080902 :       Being processed for the following judicial or adverse administrative action: administrative separation due to unsatisfactory performance of duties for failure to conform to weight standards.

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 1 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 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. The Applicant did not state any issues.

Decision


 Date: 20 10 0331        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 the Applicant’s discharge and the discharge process to ensure the pertinent sta ndards of equity and propriety were met . The Applicant’s record of service included 6105 counseling warnings and no misconduct resulting in NJP or court-martial. Based on t he Applicant’s failure to comply with Marine Corps height and weight standards , command administratively processed for separation. When notified of a dministrative separation processing , the Applicant elected to consult with a qualified counsel, but waived his rights to submit a written statement and request an administrative board.

The Applicant stated no issues for the NDRB to consider. The record shows the Applicant enlisted on a weight waiver issued 12 April 2006. The record also reflects the Applicant was initially placed on the Body Composition Program (BCP) from 23 Aug 2008 until 23 February 2008. He then received an extens ion beginning on 24 Feb 2008, but failed to make satisfactory progress toward meeting Marine Corps height and weight standards. The Applicant’s maximum allowable weight for his height of 70 inches was 192 pounds and maximum allowable body fat was 18 percent. When assigned to BCP, the Applicant weighed 232 a t 31 percent body fat. 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 a llowable standard. From March 2008 until September 2008 , the Applicant steadily increased weight and body fat to 227 pounds and 28 percent body fat. The Applicant was evaluated on at least two separate occasions by a medical officer who certified his weight and body fat was not due to an underlying medical condition. The NDRB found the Applicant was given more than ample opportunity by his command to make satisfactory progress on the BCP program, but failed to do so. In fact, despite having made significant progress, during the last five months of his assignment to BCP the Applicant gained back almost all of the weight he had lost to that point. The Applicant submitted no documentation of any kind to support a post-service conduct review. The NDRB found a General (Under Honorable Conditions) discharge was warranted and proper as issued. Relief denied.

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 Disable d American 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 their 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 | 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 | 2006_Marine | MD0600580

    Original file (MD0600580.rtf) Auto-classification: Denied

    The unit’s Remedial Physical Conditioning Program (RCCP) for 6 months.030702: Counseling: Advised of deficiencies in performance and conduct (reassignment to the Marine Corps BCP, specifically, failed to properly maintain body fat composition standards as required by MCO P6100.12 for a second time), advised that this subsequent assignment is for a 6-month period, necessary corrective actions explained, sources of assistance provided, discharge warning (for either weight control or...

  • USMC | DRB | 2009_Marine | MD0900288

    Original file (MD0900288.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE.Discussion :().The Applicant contends after 12 plus years of decorated and faithful service, he believes his discharge, due to weight control, does not rate a “General (Under Honorable Conditions)” and his misconduct was due to mitigating circumstances (family issues). The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length...

  • 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 | 2005_Marine | MD0500756

    Original file (MD0500756.rtf) Auto-classification: Denied

    Request a medical evaluation be conducted to determine the Applicant’s medical status for BCP and Remedial Physical Conditioning Program (RPCP) participation. [Your unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Therefore, the narrative reason for separation, as stated on the DD214, is incorrect and should be changed from weight control failure to unsatisfactory performance.On 20021105 the Applicant was assigned to Marine Corps Body Composition...

  • USMC | DRB | 2006_Marine | MD0601026

    Original file (MD0601026.rtf) Auto-classification: Denied

    ex-PFC, USMCMD06-01026Current Discharge and Applicant’s Request: Application Received: 20060731Narrative Reason for Separation: Character of Service:Discharge Authority: MARCORSEPMAN PARA 6206.5Last Duty Assignment/Command at Discharge: 2DAABN 2DMARDIV CAMLEJ NC 28542Applicant’s Request:Narrative Reason change to: NONE REQUESTEDCharacterization change to:Review Requested:Representation: NONE Decision: Date of Decision:20070607 The Discharge shall : GENERAL (UNDER HONORABLE...

  • USMC | DRB | 2006_Marine | MD0601151

    Original file (MD0601151.rtf) Auto-classification: Denied

    You have four months from this date to reduce your weight to 214 lbs, or below and/or reduce your body fat to 18% or below; however you may also raise your PFT to a first class score while maintaining 22% or less body fat percentage within the time period to be removed from the program. Elements of Discharge: [INVOLUNTARY] Date Notified: 20050615Basis for Discharge:WEIGHT CONTROL FAILURELeast Favorable Characterization: Commanding Officer’s Intended Recommendation: Record Supports Narrative...

  • USMC | DRB | 2010_Marine | MD1002167

    Original file (MD1002167.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant contends he should have received an Honorable characterization of service since he was separated for his weight, not misconduct. ” 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.

  • USMC | DRB | 2012_Marine | MD1200248

    Original file (MD1200248.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements: From Applicant: From/To Representation: From/To Congress member: Pertinent Regulation/Law A. Paragraph 6215, WEIGHT...

  • USMC | DRB | 2005_Marine | MD0500696

    Original file (MD0500696.rtf) Auto-classification: Denied

    Dr. S_ reviewed my military records concerning the weight problem and my post-Iraq questionnaire and his opinion is that I have been in denial of my psychiatric problems, admittedly some of which pre-exist my military duty and all of the ADD associated problems, but that my other problems relate to Iraq-related PTSD. 031031: Body Composition Program (BCP) Evaluation: Commanding Officer, Marine Wing Support Squadron 271 assigned Applicant to a 6-month BCP as a second assignment. The...