DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No:
19 February 2002
6344-01
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that the characterization of his
discharge be changed.
The Board, consisting of Messrs. Pfeiffer, Zsalman, and
2.
Adams, reviewed Petitioner's allegations of error and injustice
on 12 February 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
Documentary material considered by
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.
C .
Petitioner enlisted in the Marine Corps on 18 June 1981 at
the age of 18.
d.
During the period from 24 March 1982 to 11 May 1983,
Petitioner was assigned to a weight control/personal appearance
program on four occasions.
failed to satisfactorily complete the program due to being
overweight.
On three of these occasions, he
.
Petitioner served for nearly two years without
However, on 14 June 1983 he received
disEip1inar-y incident.
nonjudicial punishment (NJP) for disrespect, urinating in a
passageway, and urinating on personal property.
imposed was a reduction to
pay, restriction for 15 days, and extra duty for five days.
On 4 January 1984 Petitioner was again assigned to a
paygrade E-2, a $500 forfeiture of
f.
The punishment
weight control/personal appearance program.
medical examination, he was diagnosed as overweight and his
condition was found not to be due to a pathological disorder.
However, following a
Q-
Subsequently, Petitioner was processed for separation by
reason of unsatisfactory performance as evidenced by his failure
to conform to weight standards and unsatisfactory completion of
three weight control programs.
h.
On 17 September 1984 Petitioner was issued a general
discharge under honorable conditions by reason of unsatisfactory
performance due to failure to conform to weight standards. At
the time of his discharge Petitioner's conduct and proficiency
averages of 4.0 and 3.9 were sufficiently high to authorize a
fully honorable characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the nature of Petitioner's misconduct and does
not condone his infractions.
However, the Board's finding is
based on Petitioner's overall satisfactory record of service as
evidenced by his conduct and proficiency average.
The Board is aware that attaining such averages does not entitle
an individual to an honorable characterization of service when
processed for administrative separation for cause
Board can discern no reason to depart from the mark averages in
this case, given Petitioner's satisfactory performance and his
disciplinary record of only one NJP in over three years of
service.
form of recharacterization of Petitioner's discharge is
appropriate.
Accordingly, the Board concludes that relief in the
However, the
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was honorably discharged on 17 September 1984 vice issued the
general discharge under honorable conditions on the same day.
b.
That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
C .
That any material directed to be removed from Petitioner's
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
for retention in a confidential file
with no cross reference being made a
together with a copy of
ROBERT
Recorder
D. ZSALMAN
Acting 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 Regulation, 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),
has been approved by the Board on
behalf of the Secretary of the Navy.
%&&+Q.+
?-W. DEAN PFEIFFER
Executive Director
I
‘,
,
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