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

 ex-PFC, USMC
Docket No. MD04-00597

Applicant’s Request

The application for discharge review was received on 20040225.  The Applicant requests the 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041008.  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)/UNSATISFACTORY PERFORMANCE, authority: MARCORSEPMAN Par. 6206.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USMCR(J)		990224 - 990823	COG

Period of Service Under Review:

Date of Enlistment:  990824		Date of Discharge:  020829

Length of Service (years, months, days):

	Active:    03  00  06
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  50

Highest Rank:  LCpl			MOS:  6531

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (9)			Conduct:  4.0 (9)

Military Decorations:  None

Unit/Campaign/Service Awards: NDSM, GCM

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PERFORMANCE, authority:  MARCORSEPMAN Par. 6206.

Chronological Listing of Significant Service Events:

990222:	Medical prescreening:  Weight: 204  Height: 71.

000613:	Applicant is qualified for weight control program.

000621:	Weight Control Evaluation: Body Fat 21%.  Recommend 2.7 pound weight loss per month times 6 months for a total weight loss of 16 pounds.

010206:	Counseled concerning deficiency, specifically, failure to maintain Marine Corps height and weight standards.  Advise of assistance available and corrective actions.

010206:	Weight Control Program: Second assignment.  Applicant does not meet acceptable Marine Corps Standard.  Applicant present weight is 215 pounds with a body fat percentage at 20%.  Maximum weight: 192 lbs.  Recommend thyroid test be conducted.  Recommend Applicant be scheduled for nutrition classes to assist in the proper way to lose weight.

010209:	Medical Evaluation:  Applicant's physical condition is not due to a pathological disorder, fit for participation in physical exercise program, and recommended loss of 3.8 pounds and a total of 23 pounds within six months is a realistic goal.

010214:	Weight Control Evaluation: Body Fat: 20%.  Recommend 3.8 pound weight loss per month times 6 months for a total weight loss of 23 pounds.  Second weight control evaluation.

010220:	Acknowledged eligibility but not recommended for promotion to Cpl due to assignment to PTP IAW MCO P1400.32B, par 1204.3w.

010326:	Counseled concerning deficiency, specifically, violation of article 92; failure to obey order or regulation.  On 010210, you were hospitalized at the Naval Hospital Marine Corps Air Station Cherry Point, NC for bruising/lacerations received from an assault.  You were given a blood test to check your Blood Alcohol Content (BAC), your BAC was read at .15.  LCpl B_ (Applicant) you are not at a legal drinking age, by drinking underage you have failed to obey a lawful general order and regulation, advise of assistance available and corrective actions.   Discharge warning issued.

010509:	Acknowledged eligibility but not recommended for promotion to Cpl due to assignment to Weight Control Program IAW MCO P1400.32B, par 1204.3W.

010816:	Weight Control Evaluation: Body Fat 23%.  Recommend 3 pound weight loss per month times 6 months for a total weight loss of 18 pounds.

010816:	Medical Evaluation:  Applicant's physical condition is not due to a pathological disorder.

010927:	Weight Control Evaluation: Body fat: 23%.  Recommend 2 pound weight loss per month times 6 months for a total weight loss of 22.8 pounds.  According to Applicant, his target weight goal is 197 pounds. He is presently 208 pounds.

011024:	Counseled concerning deficiency, specifically, Failure to maintain Marine Corps height and weight standards, advise of assistance available and corrective actions.

011213:	Report of Medical Examination for separation: Weight: 219.

020221:	Weight Control Program.  Applicant does not meet acceptable Marine Corps Standard.  Applicant present weight is 223 pounds with a body fat percentage at 23%.  Maximum weight: 203 lbs.

020225:	Weight Control Evaluation: Body Fat: 23%.  Recommend 6.3 pound weight loss per month times 3 months for a total weight loss of 18.9 pounds.

020225:	Medical Evaluation:  Applicant's physical condition is not due to a pathological disorder, fit for participation in physical exercise program, and recommended loss of 6.3 pounds and or 1.6% body fat per month and a total of 20 pounds and 5% body fat within three months is a realistic goal.  Applicant’s second assignment.

020515:	Counseled concerning deficiency, specifically, unsatisfactory performance while assigned to the Marine Corps weight control program as evidenced by continued weight gain and only minimal weight loss, failure to adhere to my diet and weight loss plan, advise of assistance available and corrective actions.  Discharge warning issued.

020611:	Applicant weighed in at 228 pounds and 35% body fat.  Applicant failed to meet the prescribed weight reduction goal of 6.3 pounds and 1.6% body fat per month.  Recommendation for administrative separation due to weight control failure.

020627:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of unsatisfactory performance of duties.  The basis for discharge is your failure to lose weight or reduce your body fat percentages during the past year.

020627:	Applicant advised of 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.

020710:	Commanding officer recommended discharge with an honorable by reason of unsatisfactory performance while assigned to the weight control program.

020807:	Commanding Officer, Marine Aircraft Group 14 advised Commanding General, 2d Marine Aircraft Wing concurrence of Applicant's recommendation for discharge by reason of unsatisfactory performance while assigned to the weight control program and characterization of service with a general (under honorable conditions).

020820:	SJA review determined the case sufficient in law and fact.

020820:	GCMCA [Commander, 2d Marine Aircraft Wing] advised the Commandant of the Marine Corps that the Applicant's discharge was directed with a general (under honorable conditions) by reason unsatisfactory performance of duties while assigned to the weight control program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020829 with a general (under honorable conditions) due to unsatisfactory performance while assigned to the weight control program (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 and equitable (C and D).

The Applicant introduced no decisional issues for consideration by the Board.

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/or the reason for discharge if such change is warranted.  There is no evidence of impropriety or inequity in the Applicant’s discharge.  Therefore, relief is denied.

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.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6206, UNSATISFACTORY PERFORMANCE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 September 2001 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 “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