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

ex-Cpl, USMC
Docket No. MD01-00312

Applicant’s Request

The application for discharge review, received 010119, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010808.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB found the characterization of the applicant’s service inequitable.  The Board’s vote was four to one that the character of the discharge shall change.  The discharge shall read: HONORABLE/WEIGHT CONTROL FAILURE, authority:  MARCORSEPMAN 6215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Prior to my discharge all of the documentation that i am including, except my DD-214, was submitted along with form DD-149 to the Board for Correction of Naval Boards.  Upon review they were unable to adjust my records without my DD-214. I feel that my discharge should be adjusted to Honorable in conjunction to my commanding officers recommendations and my performance record.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Copy of DD Form 215 dated April 3, 2000
Copy of DD Form 215 dated April 24, 2000
Letter to applicant from Board for Correction of Naval Records dated April 5, 2000
Copy of DD Form 149
Letter to Board for Correction of Naval Records dated March 7, 2000
Letter to Board for Correction of Naval Records dated March 10, 2000
Copy of certificate dated July 3, 1997
Letter to applicant from Commanding Officer, Marine Support Battalion
Copy of certificate of commendation dated February 18, 1998
Copy of meritorious mast dated August 11, 1998
Copy of message dated May 1, 1999
Copy of joint military decoration recommendation for period July 1997 to February 2000
Copy of proficiency/conduct marks
Copy of awards

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		960430 - 960513	COG

Period of Service Under Review:

Date of Enlistment:  960514		Date of Discharge:  000531

Length of Service (years, months, days):

	Active:    03  10  18
	Inactive:  None

Age at Entry:  21			Years Contracted:  5

Education Level:  13			AFQT:  86

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (9)			Conduct:  4.5 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  MM (2), AFEM, Certificate of Commendation

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/WEIGHT CONTROL FAILURE, authority:  MARCORSEPMAN 6215.

Chronological Listing of Significant Service Events:

960514:	Enlistment physical: Weight 159 pounds.

970520:	NJP for violation of UCMJ, Article 92:
Specification: Consuming alcoholic beverages in Barracks 3716 on board NTTC Corry station Pensacola, FL.
Violation of UCMJ, Article 134:
Specification: Giving a false statement to the Executive Officer of Company K, MarSptBn.
Awarded forfeiture of $235.00 per month for 1 month, restriction for 14 days, reduction to PFC.  Forfeiture suspended for 6 months.  Not appealed.

970617:	Counseled for deficiencies in performance and conduct. Specifically, alcohol-related incident while enrolled as a student at NTTC Corry station Pensacola, FL, to wit: consuming alcoholic beverages in Barracks 3716 and giving a false statement to the Executive Officer of Company K, MarSptBn.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971113:	Weight 161 pounds and body fat of 29 percent.

971113:	Applicant's physical appearance is not due to a pathological disorder.

971125:	Applicant assigned to weight control program.

971125:	Counseled for deficiencies in performance and conduct. Specifically, Overweight (current wt 161 pounds; max wt by MCO 6100.10B is 156 pounds.).  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980301:	Applicant informed eligible but not recommended for promotion to Corporal due to weight control.

980401:	Applicant informed eligible but not recommended for promotion to Lance Corporal due to weight control.

990429:	Applicant removed from weight control program.

990726:	Appropriately Credentialed Health Care Provider evaluation: Not due to a pathological disorder.

990726:	Applicant acknowledged being assigned to Weight Control Program. (Second placement.)

990726:	Weight 171 pounds.

990804:	Weight 172 pounds.

990816:	Weight 173 pounds.

990824:	Weight 172 pounds.

990830:	Weight 174 pounds.

990907	Weight 177 pounds.

990921:	Weight 180 pounds.

991006:	Weight 179 pounds.

991013:	Weight 178 pounds.

991022:	Weight 177.5 pounds.

991026:	Counseled for deficiencies in performance and conduct. Specifically, being placed on the weight control program per Commanding Officer letter dated 990726; overweight (current weight 178 lbs; max wt by MCO 6100.10B is 156 pounds.  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991027:	Weight 178 pounds.

991104:	Weight 180 pounds.

991117:	Weight 178 pounds.

991129:	Weight 180 pounds.

991222:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of weight control failure.

991222:	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

000106:	Commanding officer recommended Honorable discharge due to weight control failure.  The factual basis for the recommendation was your failure to conform to established height/weight/body fat standards.  While you have been appropriately counseled concerning your weight, 6105 pg. 11 entries on 971125 and 991026 and received one 30 day extension, you have failed to achieve your goal weight of 156 pounds.  Your failure to meet the weight control requirements has resulted in you being processed for administrative discharge.  

000114:	Commanding Officer, Marine Support Battalion recommended Honorable discharge due to weight control failure.

000204:	SJA review determined the case sufficient in law and fact.  

000204:	GCMCA Commander, Marine Corps Base, Quantico, VA directed the applicant's discharge general (under honorable conditions) by reason of weight control failure.

000217:	Separation physical:  Weight 187 pounds.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000331 general (under honorable conditions) due to weight control failure (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (C and D).

The applicant provided letters from her Commanding Officer and Battalion Officer recommending her discharge be changed to Honorable.  The Board found the applicant’s honest and faithful service warranted an Honorable discharge and the discharge assigned, General, inequitable.  Despite a struggle to maintain weight standards, the applicant’s service was clearly creditable and a positive reflection on the United States Marine Corps.  Relief is granted.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6215, WEIGHT CONTROL FAILURE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95 until Present.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that 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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “afls10.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023