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

 ex-LCpl, USMC
Docket No. MD02-00364

Applicant’s Request

The application for discharge review, received 020130, 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 020912.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety and an inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall change to: HONORABLE /Unsatisfactory Performance-Failure to conform to weight standards (administrative discharge board not required), authority:  MARCORSEPMAN, Para 6206.1. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Reason for being overweight was due to the fact that I was on light duty for apron 6-8 mos.  Please take my medical records in consideration and review along with my service record.  Without my discharge upgrade I'm not eligible to receive any benefits of my G.I. Bill.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		860924 - 870105	COG

Period of Service Under Review:

Date of Enlistment:  870106		Date of Discharge:  910129

Length of Service (years, months, days):

	Active:    04  00  24
	Inactive:  None

Age at Entry:  19			Years Contracted:  6

Education Level:  12			AFQT:  70

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (11)			Conduct:  4.3 (11)

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Commendation, SSDR with 1 Star, GCM

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Unsatisfactory Performance-Failure to conform to weight standards (administrative discharge board not required), authority:  MARCORSEPMAN, Para 6206.1.

Chronological Listing of Significant Service Events:

870105:	Applicant's enlistment weight:  221 pounds.

880326:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the second quarter, month of March, due to lack of demonstrated leadership qualities.

880601:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of June due to lack of demonstrated leadership qualities.

880901:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the fourth quarter, month of September, due to lack of demonstrated leadership qualities.

881201:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the first quarter, month of December, due to lack of demonstrated leadership qualities.

890131:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of January because of substandard performance.

890203:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of February because of substandard performance.

890405:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of April because of substandard performance.

890503:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of May because of substandard performance.

890512:	Applicant's physical appearance does not meet acceptable Marine Corps standards.  Request medical evaluation.  Applicant's present weight is 221 pounds with a percent body fat of 26 percent.  Applicant advised to lose 2 pounds per month and a total of 12 pounds within a 6-month period as a realistic goal.

890512:	Appropriately Credentialed Health Care Provider: Applicant's physical appearance is not due to a pathological disorder.  Recommend loss of 4 pounds per month and a total of 24 pounds within 6 months as a realistic goal.

890601:	Applicant assigned to weight control program.

890601:	Counseled for deficiencies in performance and conduct.  [Exceed weight standards per MCO 6100.10.  Overweight by 24 pounds.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890601:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of June because of substandard performance and failure to meet prescribed weight standards and standards of military appearance.

890701:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of July because of substandard performance and failure to meet prescribed weight standards and standards of military appearance.

890801:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of August because of substandard performance and failure to meet prescribed weight standards and standards of military appearance.

890901:	Applicant acknowledged that he was eligible but not recommended for promotion to Corporal for the month of September because of substandard performance and failure to meet prescribed weight standards and standards of military appearance.

900412:	Counseled for deficiencies in performance and conduct.  [Constantly falls out of platoon runs and hikes, his appearance is unsatisfactory due to his weight, failure to make it into work on time has become a trend, sets a poor example for the younger marines, and lacks leadership qualities.  After numerous counseling sessions he has failed to correct these deficiencies.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900424:	Medical record: A: Ankle sprain.  P: Refer to MOE, Xray, medicate, crutches.  Light duty, return to BAS in 5 days for followup.

900503:	Medical record: A: Grade II sprain.  P: Splint, crutches Lt duty.

900525:	Medical record: 2nd degree sprain right ankle.

900529:	Medical record: Cast for 6 wks for ankle for tendonitis - cast removed; today still complains of some tenderness.  Limited duty for 7 days.  Reeval in 7 days.

900605:	Medical record: Right heel pain for 2 months.  Not resolved with short cast.  Please do bone scan.

900607:	Weight Control Survey Chart: Starting weight: 228.  Goal:  209.

900614:	Weight Control Survey Chart: 223 pounds.  

900623:	Weight Control Survey Chart: 233 pounds.

900705:	Weight Control Survey Chart: 234 pounds.

900709:	Bone scan.  Impression: Very intense activity in the region of the navicular bone or talonavicular junction suggestive of possible fracture of the navicular bone or possible osteonecrosis in the last reparative phase.  Other possibilities would include the sever degenerative changes or inflammatory changes in this region.  The other mild diffuse increased activity of the ankle and foot are consistent with degenerative inflammatory changes.  Would recommend clinical correlation and correlation with plain films of these areas.

900713	Weight Control Survey Chart: 233 pounds.

900720:	Weight Control Survey Chart: 232 pounds.

900802:	Weight Control Survey Chart: 232 pounds.

900808:	Weight Control Survey Chart: 235 pounds.

900811:	NHCP: Complaint: Ankle swelling inside of cast.  Applicant instructed to return to Podiatry department at 0800, 15 Aug 90.

900817:	Weight Control Survey Chart: 239 pounds.

900823:	Medical record: S: sprain ankle 4 months ago, inversion sprain.  Has been casted, splinted and braced. No formal PT.  P: 1 heel cord stretch, 2 Baps, 3 Bike, 4 tubing to strength planter/dorsa fl, 5 ice daily x 3 wks.  Limited duty for 3 weeks. Recheck 3 weeks.

900824:	Medical record: History of ankle sprain.  Light duty for 14 days.

900829:	Weight Control Survey Chart: 234 pounds.

900906:	Weight Control Survey Chart: 235 pounds.

901024:	Applicant notified of intended recommendation for discharge under honorable conditions (general).  The factual basis for the recommendation was the persistent failure to meet weight standards as a direct result of a lack of self-discipline, apathy or excessive voluntary intake of food and drink.

901024:	Applicant advised of his 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.

901119:	Commanding Officer recommended an honorable discharge by reason of Unsatisfactory Performance – Failure to conform to weight standards.  The factual basis for the recommendation was the persistent failure to meet weight standards as a direct result of a lack of self-discipline, apathy or excessive voluntary intake of food and drink.

901213:	Podiatry Clinic: Non deployable.  LD for 4 wks.  Possible med board.

910102:	GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the applicant's discharge under honorable conditions (general) by reason of Unsatisfactory Performance – Failure to conform to weight standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910129 under honorable conditions (general) due to unsatisfactory performance – failure to conform to weight standards (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 not proper or equitable (C and D).

Issue 1.  The Board found the applicant’s discharge should have been based upon his performance and conduct average markings (E).  The applicant’s average markings are above the minimum standard required for an honorable discharge.  Relief is therefore granted. 

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6206, UNSATISFACTORY PERFORMANCE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 920309, except for subparagraph 1, which was retroactively changed by ALMAR 57/93, effective 920310). 

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.

E.  Table 1-1, Characterization of Service, Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 920309, except for subparagraph 1, which was retroactively changed by ALMAR 57/93, effective 920310). 

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 “afls14.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