DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 7592-01
13 December 2001

Dears

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 12 December 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
7 November 2001, 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 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

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

QUANTICO, VIRGINIA

 
22134-5103

3280 RUSSELL ROA

D

IN REPLY REFER TO:
1070
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

OF STAFF SERGEANT
SMC 

..

Staff Sergeant

1.
documents has been reviewed concerning his request for removal
of the weight control entry dated 940211 to 950126 from the
Marine Corps Total Force System  

application with supporting

(MCTFS).

MC0 6100.10, Weight Control and Military Appearance,

2.
contains guidance in the assignment to the Marine Corps weight
control and/or military appearance program.
adhere to specific administrative procedures if a Marine has
been determined to be overweight or their physical appearance
does not meet acceptable Marine Corps standards by a medical
evaluation.

A commander must

MC0 

P1080.40,  Marine Corps Total Force System Personnel

3.
Reporting Instructions Manual  
reporting weight control and/or militry appearance information
into the MCTFS.

(MCTFSPRIM)  provides guidance in

4?

The following comments/opinions are provided:

a.

Staff Sergeant
command directed medic
credentialed health care provider prior to his assignment to
the weight control program per  
Lacking such
documentation in his application, we cannot determine that an
evaluation was conducted_
an opinion whether or not his commander erroneously assigned
him to the weight control program.

as required to receive a
n from an appropriate

Therefore, we are unable to provide

MC0 6100.10.

b.

MC0 6100.10.

Staff Sergeant
required to
issue a letter advisin
the weight
control program per  
part of the
medical evaluation documentation and becomes the
source
document for recording in the MCTFS per the MCTFSPRIM. As
with the medical evaluation noted above, this letter is not
available for review.
opinion whether or not the weight control entry was reported
erroneously in the MCTFS.

Therefore, we are unable to provide an

commander was
assignment to
This letter is

Subj:

E OF STAFF SERGEANT
USMC

C .

Staff 

Sergean
he was assigned to th
This assignment must not exceed a period of six months. If
satisfactory progress has been made,
have not been
Staff Sergeant
control program on

even though the weight goals
sion of up to 6 months may be granted.
8 subsequently extended on the weight

CTFS record reveals that
1 program on 19940211.

19940823 and then removed on 19950126.

d.

The MCTFS entries indicate that Staff Sergeant

six
On 19940823, he was extended on the program and it can

was assigned to the weight control program for a period of
months.
be presumed that he was making satisfactory progress yet did
not meet the weight standards after the initial six month
assignment.

e.

Documented evidence to support Staff Sergeant
assignment to the weight control would be an official
his medical records recording the medical evaluation, and a copy
of the medical evaluation and letter of assignment retained on
file in the command's correspondence files.

f.

Staff 

Sergean
by his immediate supe
2001 that there was not an entry recording a medical evaluation.

medical records were screened
orted via 
EMAIL on 4 November

57.

Staff 

Sergea
retain a copy of the
tb the weight control program in the command's correspondence
files for a period of two years.
These files were destroyed
locally after 31 December 1997.

commander was required to
ation and letter of assignment

h.

Staff Sergeant

eived three fitness reports

during the period from 940210 to 950214.
evaluations do not reference his assignment to the weight control

Comments in these

dditionally, it was noted in Staff Sergeant
records that he was the recipient of a Letter of

Appreciation award on six different occasions during this
evaluation period.

i.

Staff Sergeant
was

the weight control
followed per the procedu

claims that this assignment to
nd that procedures were not

et forth in 

MC0 6100.10.

j.

Staff Sergeant
EMAIL fro

evidence, an 
claim that he was not

nal documented
to support his
properly assigned to the weight control.

2

Subj:

k.
entry.

Staff Sergeant

s the MCTFS weight control

OF STAFF SERGEANT VICTOR
C

5.

In view of the above,

commander followed proper procedures based upon the

iary reporting responsibility that is placed upon a

it is possible that Staff Sergeant

commander per the MCTFSPRIM.
the Boa
Sergean
entry f

Therefore,

it is recommended that

of Naval Records disapprove Staff

uest for removal of the weight control

6.

Point of 

contac

Manpower Management Information
Systems Division

3