DEPARTMENT OF
BOARD FOR CORRECTION OF
THE
NAVY
NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6260-99
16 June 2000
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF,
(a) Title‘10 U.S.C. 1552
(1) DD Form 149 w/attachments
_ (2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps
filed enclosure (1) with this Board requesting a better
characterization of service than the general discharge issued on
26 May 1983.
The Board, consisting of Mr.
2.
Exnicios, reviewed Petitioner's allegations of error and
injustice on 7 June 2000 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Carlson, Mr. Neuschafer and Mr.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that enclosure (1) was not filed in
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
Petitioner enlisted in the Marine Corps on 6 November
His record indicates that on 13 January
zt age 18.
73" tall and weighed 236 pounds.
1981
was
1983 he was counseled concerning substandard performance.
On 7
April 1983 he received nonjudicial punishment for an unauthorized
absence of about three and a half hours.
a reduction in rate to PVT (E-l).
later he was
counseled concerning a pattern of unsatisfactory performance
was offered assistance in
"redeveloping his weight control
program."
On 11 March and 28 March
The punishment included
Seven days
1983.he
and
d.
Subsequently, Petitioner was processed for discharge by
reason of unsatisfactory performance.
discharge authority directed a general discharge.
his weight was 234 pounds.
was being assigned an RE-3P reenlistment code due to his failure
He received the general discharge on
to meet weight standards.
26 May 1983.
On 18 May 1983
That same day he acknowledged that he
On 16 May 1983 the
.
Petitioner states in his application that he was unable
coztrol his weight because of an undiagnosed thyroid problem
to
and that after his discharge he was prescribed medication and has
been able to keep his weight under control.
f.
Petitioner's record is incomplete in that it shows that
he was only assigned conduct and proficiency marks of 4.2 and 4.0
on 2 June 1982 and no marks after that date.
These marks are
high enough to support an honorable characterization of service.
The Board is aware that the conduct and proficiency marks are one
of the factors to be considered in cases such as this.
of 4.0 in conduct and 3.0 in proficiency are high enough to
warrant an honorable characterization of service.
Averages
CONCLUSION:
The Board notes that Petitioner's counseling for
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
unsatisfactory performance appear to relate primarily to his
failure to meet the weight standards and that the only other
derogatory entry is the nonjudicial punishment for a short period
of unauthorized absence.
conduct and proficiency mark record.
he may have had an undiagnosed medical problem, the Board
concludes that a characterization of service based on his
inability to meet weight standards is no longer appropriate and
the discharge should now be recharacterized to honorable.
is especially so given his satisfactory conduct and proficiency
averages.
The Board also notes the incomplete
Given the possibility that
This
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
on 26 May 1983 he was issued an honorable discharge by reason of
unsatisfactory performance vice the general discharge now of
record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
It is certified that a quorum was present at the Board's
2
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
ee
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authoritv of reference (a),
behalf of the Secretary
of-the Navy.
723.6(e))
i
.
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DEAN PFEIFFER
w
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