Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901860
Original file (MD0901860.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090617
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)       20010122 - 20010318     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20010319     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20041109      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 21 D a y ( s )
Education Level:        AFQT: 52
MOS: 7212
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle MM

NJP: SCM: SPCM: CC:

Retention Warning Counseling :
- 20011121 :       For misconduct; unauthorized absence and failure to obey order or regulatio n (2 specifications) .
- 20020131 :       For overweight (Current weight 213 pounds at 31% body fat ) .
- 20031215 :       For failure to pass the physical fitness test, s pecifically failed the run with a time of 31:54.
- 20040112 :       Concerning you reassignment to the Marine Corps Body Composition Program. Specifically, you failed to properly maintain your body composition standards as required by MCO P6100.12 for a second time. Your actions are unsatisfactory and not in accordance with the high state of readiness required by the USMC. You are advised that this subsequent assignment is for a 6 month period.
- 20040506 :       For your unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Due to insufficient effort, you have not met weight/body fat reduction goals as prescribed
- 20040713 :       For failure of your second assignment to the Marine Corps Body Composition Program.


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 :     


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

Applicant’s Issues

 1. The Applicant seeks educational benefits (GI Bill).
2. The Applicant seeks an upgrade for veteran benefits.
3. The Applicant seeks to reenlist into the armed forces.

Decision

 Date: 20 10 0603 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .
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 eviden ce 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 mostly in regards to his inability to maintain Marine Corps body composition standards. Based on his failure to conform to weight standards as a result of apathy or a lack of self discipline , the command chose to separate the Applicant under the basis of Unsatisfactory Performance vice Weight Control Failure. When notified of a dministrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel and to submit a written statement for consideration by the separating authority.

: (Nondecisional) The Applicant seeks educational benefits (GI Bill). 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.

: (Nondecisional) The Applicant seeks an upgrade for veteran 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.
: (Nondecisional) The Applicant seeks to reenlist into the armed forces. 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.

The NDRB examined the Applicant’s record of service thoroughly, which contained no documentation of sub-standard performance or misconduct, besides the weight control issue, which would have warranted a “General (Under Honorable Conditions)” discharge. The commanding officer stated that the Applicant had a weight problem since enlisting in the Marine Corps. During recruit training, he was identified as a “Diet Tray Recruit” because he was overweight. Due to the strict environment in recruit training and constant supervision, the Applicant was able to meet the minimum height and weight standard. Since graduation from boot camp, the Applicant has been on and off some form of weight control/remedial training programs, but this has never affected his performance in his MOS based on his average Pro/Con marks. The commanding officer stated that the Applicant “has served honorably for the past three and a half years. ” Y et, t he commanding officer elected to administratively process the Applicant out of the Marine Corps and recommended that he receive a General (Under Honorable Conditions) discharge. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety in the discharge action but did discern an inequit y in the characterization of the Applicant’s service. The Board’s vote was 3-2 that the characterization of the discharge should be upgraded to an “Honorable”. However, by unanimous vote, the narrative reason for the disch arge, “Unsatisfactory Performance ” shall remain as issued. The Board determined the upgrade to “Honorable” was appropriate. Relief granted.

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, Employment/Educational Opportunities , Service Benefits Reenlistment/RE-code and Post-Service Conduct .


Pertinent Regulation/Law

 A. Paragraph 6206, UNSATISFACTORY PERFORMANCE , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), 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 .


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 | 2014_Marine | MD1401249

    Original file (MD1401249.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain UNSATISFACTORY PERFORMANCE. ” Additional Reviews...

  • USMC | DRB | 2014_Marine | MD1400184

    Original file (MD1400184.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 | 2013_Marine | MD1300907

    Original file (MD1300907.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.Based on the Applicant’s lack of progress in the Body Composition Program, command administratively processed for separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • USMC | DRB | 2010_Marine | MD1001147

    Original file (MD1001147.rtf) Auto-classification: Denied

    The Separation Authorityreviewed the Command’s recommendation for separation; he determined that the Applicant’s documented record of service established the minimum requirements for discharge based on a demonstrated unsatisfactory performance of duties; that separation in the Applicant’s case was warranted; and further, that the proposed characterization of service -General (UnderHonorable Conditions) - was warranted. On 06 October 2003, the Separation Authority directed the Applicant be...

  • USMC | DRB | 2012_Marine | MD1200759

    Original file (MD1200759.rtf) Auto-classification: Denied

    : (Decisional) () .The Applicant contends that it is inequitable that he did not receive an Honorable since he never had any disciplinary problems.Applicable regulations state that characterization of service for administrative separations due to Weight Control Failure will be Honorable or General (Under Honorable Conditions) as warranted by the member’s service record. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance...

  • USMC | DRB | 2015_Marine | MD1401586

    Original file (MD1401586.rtf) Auto-classification: Denied

    The Applicant contends that outside issues under the purview of the Marine Corps and the Army, as well as medications prescribed in the treatment of depression and substance abuse were the reasons behind his weight gain, and subsequent failure to perform in the Marine Corps’ Body Composition Program. 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...

  • USMC | DRB | 2013_Marine | MD1300961

    Original file (MD1300961.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. In accordance with the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), the characterization of service for administrative separations due to Weight Control Failure will be Honorable or General (Under Honorable Conditions) as warranted by the member’s service record. ” Additional Reviews : After a document review has been conducted, former members are eligible...

  • USMC | DRB | 2009_Marine | MD0901099

    Original file (MD0901099.rtf) Auto-classification: Denied

    Due to his unsatisfactory effort in this area, the Marine Corps separated the Applicant from the service. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain WEIGHT CONTROL FAILURE.The Applicant is directed to the Addendum, specifically the paragraphs titled...

  • USMC | DRB | 2014_Marine | MD1400706

    Original file (MD1400706.rtf) Auto-classification: Denied

    After a complete review of the records, the NDRB determined the Applicant’s misconduct warranted a General discharge. ” 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 | 2012_Marine | MD1201696

    Original file (MD1201696.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 for unsatisfactory performance on the Marine Corps Body Composition Program (BCP). ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...