DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:lc
Docket No. 4908-99
17 April 2000
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DD Form 149 w/attachments
Ltr of 4 Nov 98 from BN Pers Off
Ott 98 request removal from Weight Control
Ltr of 29
Roster
Ltr of 22 Apr 99 approving removal of fitness report
Ltr of 26 Feb 99 requesting remedial Promotion
consideration
Ltr of 4 Jun 99 OLAC-5B advising Petitioner to submit
to the Board
CMC MMPR-2 memo of 13 Sep 99
Microfiche Record
Pursuant to the provisions of reference (a), subject,
The Board, consisting of Messrs, Kastner, Pfeiffer, and
1.
filed enclosure (1) with
hereinafter, referred to as Petitioner,
that the applicable naval
this Board requesting, in effect,
record be corrected to show he was given remedial consideration
for promotion to staff sergeant,
paygrade E-6, for Calendar Year
(CY) 98.
2.
Zsalman, reviewed Petitioner's allegations of error and injustice
on 28 March 2000 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and justice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
a.
On 5 May 1998 Petitioner was erroneously assigned to the
Promotion photos dated 25 February 1998
weight control program.
and 25 June 1998 were submitted to the promotion board which
listed his body fat in error.
Docket No. 4908-99
b.
Petitioner was initially weighed and determined to be
Although he
overweight on 24 February 1998.
weight control in his 13 plus years of service.
weighed in February 1998,
to the weight control program until May 1998.
He had no previous assignment to
not.officially assigned
Petitioner was
C .
Several days later after the promotion photo was
submitted to the promotion board, it was discovered that
Petitioner's body fat percentage was calculated incorrectly and
should have been
19%, which exceeds
standards.
17%, within standard, vice
See enclosure (2).
d.
The weight that was used by the battalion to assign him
to weight control in May was a weight the company had taken in
February.
months old.
It computed his body fat incorrectly, and was over two
Petitioner was not seen by medical personnel until June
This was the first time he had been actually evaluated,
1998:.
weighed or measured by medical personnel.
f.
On 29 October 1998, Petitioner requested the removal of
his assignment to the Weight Control Program in the Marine Corps
Total Forces System (MCTFS).
considered for promotion without documents showing he was in an
His request was approved on 19 January 1999.
overweight status.
The erroneous weight control assignment entry was deleted from
the MCTFS on 22 February 1999.
Removal would allow him to be
See enclosure (3).
g-
After the remark was removed from MCTFS on 19 February
1999 Petitioner submitted a request to expunge a fitness report
from his record for the period 1 October 1997 to 20 March 1998,
which commented on his being in the Weight Control Program.
report was removed from his record on 22 April 1999.
enclosure (4).
See
This
h.
On 26 February 1999 Petitioner requested remedial
consideration for promotion to staff sergeant based on the
removal of the erroneous remark pertaining to being in the weight
control program.
See enclosure (5).
.
j.
Unfortunately, due to time constraints Petitioner was
discharged on 5 April 1999 and he was never afforded the
opportunity to be considered for promotion with a corrected
record.
Se enclosure (6).
In correspondence attached as enclosure
having cognizance over the subject matter involved in
Petitioner's application,
he is not on active duty he cannot be considered for remedial
consideration for promotion and recommended the request be
denied.
(7), the office
has commented to the effect that since
Docket No. 4908-99
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure
(7), the
Board finds the existence of an injustice warranting the
In this connection, the Board concluded since
requested relief.
erroneous information was removed from his records that
significantly harmed his chances for promotion, he is entitled to
be considered for promotion on the basis of his corrected record.
{NOTE:
statement acknowledging that he understands that if his request
is approved and he is selected for promotion should he elect to
return to active duty he must refund the severance pay received
at the time he was discharged.}
Petitioner was advised and he has submitted a signed
Accordingly, the Board recommends the following corrective
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
a.
Petitioner be given remedial consideration for promotion
paygrade E-6 for CY 99 at the earliest possible date.
to
It is certified that a quorum was present at the Board's
4.
review and deliberations,
complete record of the Board's proceedings in the above-entitled
matter.
and that the foregoing is a true and
ZSALMAN
ROBERT D.
Recorder
5.
Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
G . L. ADAMS
Acting Recorder
20 June 2000
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