DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 5789-00
6 September 2001

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.

It is noted that the Commandant of the Marine Corps (CMC) has directed removal of the
contested weight control entry for 15 to 16 January 1997, and revision of the entry for
25 February 1993 to 5 January 1994 so that it ends on 24 August 1993.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 6 September 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
1 March 2001 with enclosure, a copy of which is attached.

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. Accordingly, your application for relief beyond that effected by
CMC 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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official

In this

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

DEPARTMENT OF THE  

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3200 RUSSELL ROAD

OUANTICO,  VIRGINIA 22134-5103

IN REPLY REFER To:
1070
MI
i 

tk#R 

2001

':" 

MEMORANDUM

FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS

Subj:

I

BCNR APPLICATION IN THE CASE OF

MC

SERGEAN

Encl:

(1) Copy of CMC  

ltr 1070 MI dated 1 Mar 2001

We reviewed  

1.
documents concerning h
Control Program entries dated 19970115 to 19970116 and 19930225
to 19940105 from his service records.

application and supporting
or removal of the Weight

Sergea'

2.
MC0 6100.10, Weight Control and Military Appearance, sets
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.

The following comments/opinions are provided pertaining to

3.
the recording of his assignment to the weight control program
in his automated records:

a.

Sergean

assignment to the weight control

program on 19920828 appears to meet the guidelines set forth in
MC0 6100.10.

b.

Serg
completing h
counseled by his commander on 921221 in accordance with the
guidelines set forth in  

as having difficulty in successfully
to the weight control program and was

MC0 6100.10.

C .

Sergea

MCTFS records has the appearance that

he was extended on the program when his commander reported
another weight control program entry for a period of 19930225
through 19940105.
to grant a one time six month extension if satisfactory progress
has not been made.

MC0 6100.10 authorizes the commander

However,

Subj 

:

THE CASE OF SERGE
MC

d.

Sergean

claim that erroneously assigned to the
*weight control program from 19930225 to 19940105 is not supported
by documented evidence in his application.
the commander to complete an evaluation and administratively
remove a Marine from the weight c

MC0 6100.10 requires

t.
who states that
t control program from

Sergean

We do not d
Sergean

is incorrect.
upon the fact that  
counseling entry on 921221
four months of his assignment,
goals in the remaining two months.
commander granted an extension to ensure that  
was given an opportunity to achieve acceptable weight standards.
MC0 6100.10 authorizes one six month extension, however, his
records show that this extended period was for 11 months.

as the subject of a page 11
isfactory progress within

it is unlikely that he met those

We can presume t
Sergea

In v
4.
Sergeant
control program from his automated records.
the enclosure is forwarded,
relief was administratively granted by this office.

we recommend that the Board disapprove
request to remove his assignment to the weight
It should be noted

informing the Board that limited

5.

Point of 

conta

Manpower Management Information
Systems Division

rt Branch

DEPARTMENT OF THE  

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO. VIRGINIA 221346103

IN REPLY REFER TO:

1070
MI 

.__

From:
To:

Subj:

Commandant of the Marine Corps
Commanding Officer,  
Marine Division,
FPO AP 96607-4410

1ST Battalion,  

3RD Marines, Third

Marine Forces Pacific, Unit 44410,

IN THE CASE OF
USMC

SERGEAN

Ref:

(a) 

MC0 

P1080.40

The Board for Correction of Naval Records  

1.
requested that this Headquarters review
application and provide advisory opinion
in the event that Sergeant
Additionally,
action(s) can be granted administrative1
by this Headquarters is authorized.

(B

ive action

After a review of Sergeant

2.
his application,
data information is in error.

it has been determine

(OMPF/SRB)  and
records 
that his MCTFS records

Sergean

Corrections* to

3.
by your organization per the reference.
reported separately and post on the cycle before
Effective upon receipt, we request
subsequent entry
following MCTFS data information be corrected:

.

FS can only be completed
Each entry must be

  reporting the
e

  that th

a.

Report a
"Weight Control 

"Del as 

Err" entry per the reference, the MCTFS

D113 Remarks" page entry  

1'199701161'.

b.

Report a

"Del as 

Err" entry per the reference, the MCTFS

"Weight Control D113 Remarks"

page entry  

1119970115".

C .

Report a

"Del as 

Err" entry per the reference, the MCTFS

"Weight Control D113 Remarks"

page entry  

~~19940105".

d.

Report a
"Weight Control 

"Fr Wt 

D113 Remarks" page entry effective  

Cntl" entry per the reference, a MCTFS
l1199308241'.

Subj:

IN THE CASE OF  
;USMC

SERGEAN

e.

Cite this letter as authority for the records correction.

By direction