DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
BJG
Docket No: 4108-01
24 October 2001
SMC
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 October 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material considered by the Board
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by Headquarters Marine Corps, dated
29 June 2001, a copy of which is attached. They also considered your undated rebuttal letter
with enclosures.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. The information you provided to support your contention of
harassment did not persuade them that the contested placement on weight control was
unjustified. They found enclosures (1) through (3) to your letter did not apply to the weight
control assignment at issue, from 23 May to 16 December 1997. They were unable to find
that you met Marine Corps standards when you were placed on weight control on
23 May 1997, nor could they find that you were retained after you had met your
requirements. In view of the above, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
NAW
HEADGUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE
3280 RUSSELL ROAD
GUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj:
OF GUNNERY
SERGEAN
C
1.
Gunnery Sergeant
documents has been r
of the weight control entry from the Marine Corps Total Force
System (MCTFS) record.
pplication with supporting
cerning her request for removal
-
MC0 6100.10, Weight Control and Military Appearance, sets
2.
forth guidance and administrative procedures for the assignment
to weight control and/or military appearance program if a Marine
has been determined to be overweight or their physical appearance
does not meet acceptable Marine Corps standards by a medical
evaluation.
3.
The following comments/opinions are provided:
a.
Gunnery
s required to receive a
from an appropriate
Sergean
command directed medical
credentialed health care provider prior to her assignment to the
weight control program per
enclosed in her application,
6100 CAOO, indicates that on an unspecified date, appropriate
credentialed health care provider recommended a six month waiting
period was necessary for her complete medical treatment before
starting a weight loss plan.
the undated FIRST ENDORSEMENT letter
Documented evidence
MC0 6100.10.
b.
Documented evidence enclosed in Gunnery Sergeant
Standard Form 600 dated 24 September 1996 a
application,
November 1996, indicates that she did receive two seperate
medical evaluations from an appropriate credentialed health care
provider as required by
MC0 6100.10.
C .
Gunnery Sergeant
I was not to be placed on a weight program." is not supported by
documented evidence enclosed in her application.
She had an
appointment scheduled on 20 May 1997 with the Military Medicine
Department concerning her weight evaluation, however, she does
not include a completed SF 600 for that appointment which would
contain the results of that evaluation.
aim that
"By doctor's orders
Subj:
SE OF GUNNERY
SMC
SERGEAN
d.
Gunnery Sergeant
was required to be notified by
MC0 6100.10.
her commander that she has been assigned to the weight control
program per
Documented evidence enclosed in her
application,
the CO, Headquarters and Service Battalion letter
6100/l B 07-03 dated 23 May 1997 meets the requirements set forth
in
documentation to report information in the MCTFS per
P1080.40, Marine Corps Total Force System Personnel Reporting
Instructions Manual
Also, this letter is the required supporting
MC0 6100.10.
(MCTFSPRIM).
MC0
e .
Gunnery
Sergean
FS record reflects that she
was assigned to the weig
ogram 23 May 1997, well
beyond the recommended six month waiting period to allow her to
complete her medical treatment.
f.
Gunnery
Sergean
uccessfully completed her
assignment to the weight control program on 16 December 1997 and
was removed from the program per
MC0 6100.10.
9.
Documents contained in Gunnery
Sergea
application supports the fact that her comman
administrative procedures set forth in
MC0 6100.10.
ow all
4 .
In view of the above,
it is recommended that:
a.
The Board for Correction of Naval Records disapprove
Gunnery Serge
program
infor
equest to remove the weight control
e MCTFS.
b.
If the Board for Correction of Naval Records finds that
Gunnery
Sergea
records are in error or an injustice
was committed,
weight control program information from
the MCTFS.
5.
Manpower Management Information Systems Division defers
t of contact
Manpower Management Information
Systems Division
2
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