Upgrade.Vet

USMC | DRB | 2009_Marine | MD0902551

Original file (MD0902551.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090916

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to: WEIGHT CONTROL FAILURE

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       20030312 - 20031102     Active:          20031103 - 20061122

Period of Service Under Review:
Date of Current Enlistment: 20061123     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080919      H ighest Rank:
Length of Service : Y ea r M on th ( s ) 27 D a y ( s )
Education Level:        AFQT: 72
MOS: 5811 / 09 33
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (4) Pistol (2) (3) MM (3) CoC (2)

Periods of UA / CONF :

NJP: SCM: SPCM: CC:

Retention Warning Counseling :
- 20070709 :       For failure to maintain Marine Corps weight standards and assignment to the Body Composition Program (BCP). Understand that your condition is not the result of a pathological disorder.
- 20071119 :       For unsatisfactory performance while assigned to the Marine Corps BCP
- 20080110 :       Concerning your extension on the Marine Corps BCP. You have made reasonable progress but have failed to reach your required body composition while on your first assignment to this Program. Therefore, you have been granted a one-time extension of six months to meet the body composition standards set forth in MCO P6100.12.
- 20080715 :       For your failure to complete the Marine Corps BCP while assigned an extension to your first assignment. You have not met your weight/body fat reduction goals as prescribed by the medical officer. You will be processed for administrative separation.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 031103 UNTIL YYMMDD ”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

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:          Rehabilitation/Treatment:                  Criminal Records:
         Personal Documentation :          Community Service:                References:
         Department of VA letter:                  Oth er Documentation:
                  Additional Statements :
         From Applicant:          From /To Representation:          From /To Congress m ember :

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 .

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

Applicant’s Issues

1. The Applicant contends his discha rge is inequitable and unjust based on his record of service.
2. The Applicant believes his Narrative Reason for Separation is improper.

Decision

Date: 2010 1 022 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. 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 four Retention Warning Counselings , all relating to his failure to maintain Marine Corps weight standards and assignment to the Body Composition Program. Based on the Applicant ’s inability to maintain Marine Corps weight standards , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, but exercise d his rights to submit a written statement for consideration by the separating authority and to request an administrative board.

: (Decisional) ( ) . The Applicant contends his discharge is inequitable and unjust based on his record of service. The NDRB carefully reviewed the Applicant’s record of service and found that his contributions and achievements outweighed his issues pertaining to his weight control problem. Thus, the NDRB determined that the Applicant’s service to the Marine Corps warranted an Honorable discharge. Relief granted.

: (Decisional) ( ) . The Applicant believes his Narrative Reason for Separation is improper. The Applicant requested that the reason for his discharge be changed to “Weight Control Failure.” The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearl y documents that the Applicant was a good performer, except that he had a problem with his weight, wh ich resulted in his discharge. Weight Control Failure as a Narrative Reason for Separation clearly describe s why the Applicant was discharged; hence , the NDRB determined a change would be 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 .

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 | 2012_Marine | MD1201652

Original file (MD1201652.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20060620 - 20070610Active: Period of Service Under Review: Date of Current Enlistment: 20070611Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20110809Highest Rank:Length of Service: Year(s)Month(s)29 Day(s)Education Level: AFQT:53MOS: 5811Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
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 | 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...
USMC | DRB | 2011_Marine | MD1101781

Original file (MD1101781.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20060804 - 20060917Active: Period of Service Under Review: Date of Current Enlistment: 20060918Age at Enlistment: Period of Enlistment: Years13 MonthsDate of Discharge:20101027Highest Rank:Length of Service: Year(s)Month(s)10 Day(s)Education Level: AFQT:51MOS: 6046Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
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 | 2012_Marine | MD1201125

Original file (MD1201125.rtf) Auto-classification: Denied

Based on the Applicant’s unsatisfactory performance of duties while assigned to the Marine Corps Body CompositionProgram (BCP), command administratively processed for separation. 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...
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 | 2014_Marine | MD1400589

Original file (MD1400589.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. Applicable regulations state that characterization of service for administrative separations due to weight control failures will be Honorable or General (Under Honorable Conditions) as warranted by the member’s service record. ” Additional...
USMC | DRB | 2014_Marine | MD1401157

Original file (MD1401157.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on the Applicant’s unsatisfactory performance on BCP, command administratively processed for separation. ” 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 | 2015_Marine | MD1500422

Original file (MD1500422.rtf) Auto-classification: Denied

Based on the Applicant’s failure to meet weight standards, command administratively processed for separation. ” 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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0902551

Similar Decisions