Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201652
Original file (MD1201652.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20120801
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)       20060620 - 20070610     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070611     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20110809      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 29 D a y ( s )
Education Level:        AFQT: 53
MOS: 5811
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle Pistol (2)

Periods of UA / CONF :

NJP:             SCM:             SPCM:            CC:

Retention Warning Counseling :

- 20090818 :       For your assignment to the Marine Corps Body Composition Program.

- 20091223 :       For your unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient effort, you have not met your weight/body composition reduction goals.

- 20100219 :       For your extension on the Marine Corps BCP. You have made reasonable progress but have failed to comply with established weight/body composition standards while on your first assignment to the BCP.

- 20100619 :       For unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient effort, you have not met your weight/body composition reduction goals.

- 20100824 :       For unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient effort, you have not met your weight/body composition reduction goals.

- 20101122 :       For your assignment to the Marine Corps BCP. You are advised that failure to take corrective action and meet established weight/body composition standards may result in administrative separation from the USMC for either weight control failure or unsatisfactory performance per paragraphs 6206 and 6215 of P1900.16F.

- 20110321 :       For your unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient effort, you have not met your weight/body composition reduction goals.


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 he was unable to maintain weight standards because of a training injury to his leg.
2.       The Applicant contends his four years of service and deployment to Iraq warrant consideration for an upgrade.

Decision

Date : 20 1 3 05 09            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 evidence submitted by the Applicant. T he 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 propr iety. The Applicant’s record of service included 6105 counseling warnings for unsatisfactory performance while assigned to the Marine Corps Body Composition Program (BCP). The Applicant also had a pre-service weight waiver prior to entering the Marine Corps . Based on unsatisfactory performance while assigned to BCP , command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, and submit a written statement . The Applicant was not entitled to an administrative board.

: (Decisional) ( ) . The Applicant contends he was unable to maintain weight standards because of a training injury to his leg. The Applicant’s service and medical records show he was injured in the right thigh by a .50 caliber heavy machinegun misfire during training at Yuma, Arizona on 11 March 2008. The accident caused extensive damage to his thigh. However, the Applicant was treated and eventually placed back into full duty status and deployed to Iraq in support of combat operations during 2008. There is no evidence in the record, nor has the Applicant provided any evidence, to show that he was examined by medical authorities and determined to be not physically qualified for physical activity or to m eet Marine Corps standards for the Body Composition Program . The Applicant was counseled by his command and given every opportunity to make progress toward his weight goals. It was the responsibility of the Applicant to make acceptable progress or show that he was not medically capable to meet standards. Relief denied.

: (Decisional) ( ) . The Applicant contends his four years of service and deployment to Iraq warrant consideration for an upgrade. The Applicant was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. The characterization of service is determined by the quality of the member’s total performance of duty and conduct during the current enlistment, including the reason for separation. The Applicant’s record showed his average P roficiency and C onduct markings for his enlistment were 3.9 / 3.8 , respectively , which are considered below average . Based on the Applicant’s record of service, 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 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 for additional information.


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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 | 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 | 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 | 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 | 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 | 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 | 2006_Marine | MD0600722

    Original file (MD0600722.rtf) Auto-classification: Denied

    Advised being assigned to the Weight Control Program as of 020207), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.020318: Counseling: Advised of deficiencies in performance and conduct (concerning unsatisfactory progress on weight control program. The factual basis for this recommendation was the Applicant’s diagnosis of Bilateral Quadriceps Tendonitis, failed to meet height and weight standards while on 2nd assignment to...

  • USMC | DRB | 2015_Marine | MD1401582

    Original file (MD1401582.rtf) Auto-classification: 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 : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...

  • 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 | 2011_Marine | MD1100252

    Original file (MD1100252.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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...

  • USMC | DRB | 2006_Marine | MD0600170

    Original file (MD0600170.rtf) Auto-classification: Denied

    Applicant failed to meet the Marine Corps’ body composition standards and will receive a 6105 counseling entry and be processed for administrative separation.050210: Counseling: Advised of deficiencies in performance and conduct (Failure to meet the Marine Corps body composition standards while assigned to the Marine Corps Body Composition Program (BCP) for the second time. ), necessary corrective actions explained, sources of assistance provided, and advised being processed for...