Docket No. MD14-00195

 

,ex-PFC, USMC
CURRENT DISCHARGE AND APPLICANT’S REQUEST

Application Received: 20131118
Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)

Narrative Reason for Discharge: (per DD 214) WEIGHT CONTROL FAILURE
Authority for Discharge: (per DD 214) MARCORSEPMAN 6215 [WEIGHT CONTROL FAILURE]

Applicant’s Request: Characterization change to: HONORABLE
Narrative Reason change to: NONE REQUESTED

SUMMARY OF SERVICE
Prior Service:
Inactive: USMCR (DEP) 20100519 - 20100919 COG Active: NONE
Period of Service Under Review:
Date of Current Enlistment: 20100920 Age at Enlistment: 18
Period of Enlistment: 4 Years 0 Months
Date of Discharge: 20120529 Highest Rank: PRIVATE FIRST CLASS
Length of Service: Of Year(s) 08 Month(s) 10 Day(s)
Education Level: 12 AFQT: 35
MOS: 0621

Proficiency/Conduct Marks (# of occasions): 4.3 (5) /4.2 (5) Fimess Reports: NOT APPLICABLE
Awards and Decorations (per DD 214); Rifle MM GWOTSM NDSM

Periods of UA/CONF: NONE

NJP: NONE SCM: NONE SPCM: NONE CC: NONE

Retention Warning Counseling: 1
- 26120130: For unsatisfactory progress during your assignment to the Body Composition Program (BCP) as
evidenced by your weigh-in on 21020106. You were officially assigned to a six-month BCP on
20110725. Your start height was recorded at 63 inches, your start weight was 157 pounds, and your body
fat was measured at 28 percent. Your prescribed weight loss goals were losing 5 pounds per month or 3
percent body fat. Your four month weigh-in on 20120106, your height was recorded at 63 inches and
weigh-in at 167 pounds. Your body fat percent was measured at 29 percent body fat,

TYPES OF DOCUMENTS SUBMITTED/REVIEWED
Related to Military Service:

DD 214: xX Service/Medical Record: Other Records: EJ
Related to Post-Service Period:
Employment: CJ Finances: CI .  Education/Training: CI
Health/Medical Records: [] Rehabilitation/Treatment: [} Criminal Records: CU]
Personal Documentation: {[[} Community Service: C4 References: |
Department of VA letter: [[] Other Documentation: [J
Additional Statements:
From Applicant: ‘Z| From/To Representation: ["] From/To Congress member: CJ

PERTINENT REGULATION/LAW
A. Paragraph 6215, WEIGHT CONTROL FAILURE, of the Marine Corps Separation and Retirement Manual, (MCO

P1900.16F), effective | 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 I, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

Key: NFIR - Not found in record RESTR - Restriction NUP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial ~~ FOP ~ Forfeiture of pay RIR - Reduction in rank EPD - Extra duties
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
Docket No. MD14-00195

 

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

APPLICANT’S ISSUES

I. The Applicant contends the Body Composition Program (BCP) was not properly conducted, which led to physical and
emotiona! stress that directly contributed to her discharge.
2. NDRB Issue: The Applicant’s discharge was inequitable,

DECISION
Date: 20140702 DOCUMENTARY REVIEW Location: WASHINGTON D.C. Representation: NONE

By a vote of 3-2 the Characterization shall change to HONORABLE.
By a vote of 5-0 the Narrative Reason shall remain 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 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 her
discharge and the discharge process to ensure her discharge met the pertinent standards of equity and propriety. The
Applicant’s record of service included one 6105 counseling warming. Based on her inability to remain within Marine Corps
height and weight standards, her command administratively precessed her for separation. The NDRB did not have the
Applicant’s administrative separation package to determine whether or not the Applicant waived her rights to consult with a
qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review.

Issue 1; (Decisional) (Propnety) RELIEF NOT WARRANTED. The Applicant contends the BCP was not properly
conducted, which led to physical and emotional stress that directly contributed to her discharge. The NDRB reviews the
propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety
or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with
standards of discipline of the Naval Service. Based upon available records, nothing indicates that the Applicant’s discharge
was In any way inconsistent with the standards of discipline in the United States Marine Corps. A preponderance of the
evidence reviewed supports the conclusion that the Applicant was a weight control failure, that BCP procedures were followed,

and that separation was warranted. Relief dented.

Issue 2: (NDRB Issue) (Decisional) (Equity) RELIEF WARRANTED. Per paragraph 6215 of the Marine Corps Separation and
Retirement Manual, characterization of service for administrative separations due to Weight Control Failure will be Henorable
or General (Under Honorabie Conditions) as warranted by the member’s service record. During the Applicant’s 20 months of
service, she had no misconduct or other significant negative aspects of service to warrant a General discharge. Therefore, the
NDRB voted 3-2 to upgrade her characterization of service to Honorable. Relief granted.

Summary: After a thorough review of the available evidence, te include the Applicant’s summary of service,

medical and service record entries, and discharge process, the Board found the discharge was proper but not equitable.
Therefore, the awarded characterization of service shall change to HONORABLE but the narrative reason for separation shall
remain WEIGHT CONTROL FAILURE. The Applicant remains eligible for a personal appearance hearing for a period of
fifteen years from the date of her discharge. The Applicant is directed to the Addendum for additional information.
Docket No. MD14-00195

 

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 £5 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 bearing is
recommended but not required. There are veterans organizations such as the American Legion and the Disabled 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 farther 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 reentistment, 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 disciptinary 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: 2 verifiable continuous employment record; marriage and children’s birth certificates (if applicable}; character witness statements; documentation of
commumity 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 iterns 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: Nava! Discharge Review Board

720 Kennon Street SE Rm 309

Washington Navy Yard DC 20374-5023