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

FOR OFFICIAL USE ONLY

 ex-Sgt, USMC
Docket No. MD06-00904

Applicant’s Request

The application for discharge review was received on 20060622.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070322.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain (General) Under Honorable Conditions) by reason of weight control failure.  

The NDRB did note administrative error(s) on the original DD Form 214.  Block 12a, Date Entered AD This Period, should read:  “91  08  12,” Block 18, Remarks, should read:  “CONTINUOUS HONORABLE ACTIVE DUTY FROM 910812 UNTIL 941104,” and Block 24, Character of Service, should read:  “GENERAL (UNDER HONORABLE CONDITIONS.”  The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I – APPLICANT’S ISSUES AND DOCUMENTATION

Decisional Issues

Equity:	     Characterization not warranted by overall service record.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR (DEP)	19900809 - 19910811	COG
	Active:   USMC	19910812 - 19941104	HON

Period of Service Under Review:

Date of Enlistment:  19941105		Date of Discharge:  19970630

Length of Service (years, months, days):

Active:    02  07  26
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4

Education Level:  12				AFQT:  48

Highest Rank:  Sgt				MOS:  2141 (Assault Vehicle Repairman)

Final Enlisted Performance Evaluation Averages (number of marks):

Enlisted performance reports were available to the Board for review.

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  National Defense Service Medal, Navy Achievement Medal, Good Conduct Service Medal, Sea Service Deployment Ribbon w/1 Star, Certificate of Appreciation, Letter of Appreciation, Meritorious Mast

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:

941105:	Reenlisted this date for a term of 4 years.

950607:	Applicant’s Reporting Senior and Reviewing Officer reported approved alternate weight standard of 218 pounds on Applicant’s fitness report for period 950301 – 950403.

960108:	Applicant’s Reporting Senior and Reviewing Officer reported approved alternate weight standard of 220 pounds on Applicant’s fitness report for period 950403 – 960108.

960208:	Applicant referred to Credentialed Health Care Provider for medical evaluation for placement on weight control program.  Height:  73, Weight: 229 lbs., body fat %: 20.8 by tape measure.  Proposed program goal:  loss of 3.5 lbs per month and target weight of 208 pounds to be reached within 6 months.

960229:	Credentialed Health Care Provider, H. D. M_, DO, recommended contemplated program goals.  Applicant’s condition is not due to a pathological disorder.  Goal is realistic, and recommended consideration of alternate maximum weight after Applicant reaches 18% body fat.

960301:	Applicant assigned to weight control program with weight reduction goal of 3.5 pounds per month for six months with weight goal of 208 pounds.

960313:	Counseling:  Advised of deficiencies in performance and conduct (Unsatisfactory performance, specifically failure to conform to Marine Corps height and weight standards resulting being placed on the Marine Corps weight control program.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960410:	Applicant’s Reporting Senior and Reviewing Officer reported Applicant on weight control and making satisfactory improvement (weight: 225 pounds) on Applicant’s fitness report for period 960105 – 960409.

960829:	Applicant weight: 237 pounds.

960905:	Applicant referred to Credentialed Health Care Provider for medical evaluation of current condition on weight control program.

Not dated:	Credentialed Health Care Provider, H. D. M_, DO, advised that Applicant’s current weight at 237 pounds, 17.6% body fat.  Weight condition not due to pathological disorder.  Recommended removal from weight control program with alternate maximum weight of 238 pounds at 17.95% body fat.

960923:	Applicant removed from weight control program.

Not dated:	Applicant Physical Fitness Test score for 2nd semi-annual period 1996:  259, 1st Class.  [Extracted from MCTFS entry, dated 970107.]

970117:	Applicant referred to Credentialed Health Care Provider for medical evaluation for placement on weight control program.  Height:  73, Weight: 247 lbs., body fat %: 23.7 by tape measure.  Proposed program goal:  loss of 13 lbs per month and target weight of 208 pounds to be reached within 3 months.

970203:	Credentialed Health Care Provider, J. W_, MD, evaluated Applicant.  Applicant’s condition is not due to a pathological disorder.  Goal is not realistic, and recommended weight loss of 4 pounds per month with goal 238 pounds.  

970211:	Applicant assigned to weight control program with weight reduction goal of 13 pounds per month for three months with weight goal of 208 pounds.

970211:	Counseling:  Advised of deficiencies in performance and conduct (Unsatisfactory performance , specifically failure to conform to Marine Corps height and weight and standards resulting in my being placed on the Marine Corps weight control program the second (2) time.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970305:	Applicant’s Reporting Senior and Reviewing Officer reported approved alternate weight standard of 234 pounds on Applicant’s fitness report for period 960409 – 970214.  Reported current weight as 254 pounds.

970325:	Third Officer Sighting Applicant’s fitness report for period 960409 – 970214 indicated that Applicant 38 pounds over alternate weight standard.

970509:	Applicant weight:  271 pounds.

970611:	Applicant notified of intended recommendation for discharge by reason of failure to comply with Marine Corps weight standards with a characterization of service as honorable.  Applicant informed the least favorable character of service possible was as general (under honorable conditions).

970611:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

970612:	Commanding Officer, Assault Amphibian School Battalion, recommended Applicant’s discharge by reason of weight control failure with a characterization of service as honorable.

970617:	GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, directed the Applicant's discharge by reason of weight control failure with a characterization of service as general (under honorable conditions).

Service Record Book contains a partial Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970630 by reason of weight control failure (A) with a service characterization of general (under honorable conditions).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s period of service under review was marred by 2 assignments to the weight control program, during which he gained weight rather than lose it.  The Board noted that the Applicant had apparently received an approved alternate weight standard which he also failed to meet.  In addition to failing to maintain weight standards, the Applicant received an adverse fitness report regarding “snide, disrespectful comments” and their impact on mission accomplishment.  The Board noted that these fitness report comments came from the same Reporting Senior and Reviewing Officer who had favorably assessed his performance on a previous fitness report, and were supported by the Third Officer Sighting the report.  The Board considered the fact that this aspect of Applicant’s behavior and his failure to maintain appropriate weight standards, especially in light of his position as a noncommissioned officer (Sergeant) in a school training environment attended by very junior, impressionable, basic Marines, were significant negative aspects of conduct which outweighed the positive aspects of his record during the period of service under review.  Relief is not warranted.

The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the 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.

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 31 August 2001.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  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”.

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:

		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