Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 03823-03
Original file (03823-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 3823-03
15 September 2003

Dear 

Sergean

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 11 September 2003. 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 from Headquarters Marine Corps dated 13 June 2003, a copy
of which is attached. The Board also considered your rebuttal letter dated 21 August 2003.

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, particularly the observation that the body fat composition standard
did not take effect until 1 October 1997, after you had been placed on weight control. Your
having been promoted to lance corporal while you were on weight control did not establish
that you should not have been on weight control. Concerning the other contentions raised in
your letter of 21 August 2003, the Board found they were based on unsupported allegations of
fact.
members of the panel will be furnished upon request.

In view of the above, your application has been denied. The names and votes of the

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,

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

GUANTICO, VIRGINIA 22134-5103

-3 

cg’-J3.-p-5

IN REPLY REFER To:
107 0
MIFD
3 
.x 

JUN 

2003

MEMORANDUM FOR

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

SE OF CORPO
MC

Corporal

1 .
been reviewed concerning her request for removal of the weight
control entry dated 19970818 to 19980721 from her service
records.

application with supporting documents has

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.
P1080.40,  Marine
Corps Total Force System Personnel Reporting Instructions Manual
(MCTFSPRIM) provides guidance in reporting weight control and/or
military appearance information into the MCTFS.

A commander must

MC0 

The following comments/opinions are provided concerning the

3.
weight control entry.

a.

Corpor

required to receive a

MC0 6100.10.

command directed medical evaluation from an appropriate
credentialed health care provider (ACHCP) prior to her
assignment to the weight control program per  
Documented evidence provided in her application indicate that she
was evaluated on or about August 20, 1997 while she was on the
weight control program.
There is no documentation to verify the
reason why she was on the weight control program, yet her medical
records indicate that she may   have been a candidate for an
alternate weight waiver.
records he did not believe it was reasonable that she could lose
weight due to her being a bodybuilder.
cancelled the alternate weight waiver program on 1 October 1997
and subsequent evaluations of Marines were changed to the
height/weight ratio, body fat composition, and their latest
physical fitness test results.
MCTFS and medical records supports her commander's action that
appears to have followed appropriate administrative procedures
when she was assigned to the weight control program on 19970818.

The ACHCP commented on her medical

The information recorded to her

However, the Marine Corps

Subj:

SE OF CORPORA

b.

Assignment to the weight control program is for a maximum

If a Marine is making satisfactory

period of six months.
progress but has not successfully met the weight loss
requirement,
months.
control program was
removed from the program.

Corporal'

initial assignment to the weight

the commander can grant an extension for another six

ed to 19980721 at which time she was

ex

C .

Corporal

laims that her records are in error and

"the medical assessment for this assignment

The documented evidence from the medical clinic she

an injustice was committed because she believes "there is no
justification" for her assignment to the weight control program
on 19970818 and that
states that it was not reasonable for SNM to lose weight." is
irrelevant.
presents in her application was dated 20 August 1997, two days
after she was initially assigned to the weight control program.
Additionally, she claims that since there is not a page 11 entry
concerning this assignment,
she could not be officially assigned
to the program.
exist in  
to successfully meet the weight loss requirements while assigned
to the weight control program,
paragraph 6105 of  

The requirement for a page 11 entry does not

a page 11 counseling entry per

P1900.16 would be required.

MC0 6100.10.

(IRAM) nor 

P1070.12 

If a Marine fails

MC0 

MC0 

On 1 October 1997,

the alternate weight waiver allowance

4.
was terminated and the Marine Corps Weight Control and Military
Appearance Program shifted the focus from height/weight standards
to body fat measurements to eliminate program inconsistencies due
to local interpretation and implementation.
assisted commanders by reducing time and manpower associated with
the administration and operation of the weight control program.
Documentation to support
assignment to the
weight control program on 199708
onger available. It
may be possible that an entry was entered in her medical records
to support her initial assignment,
not available in her application.
clinic on or about 20 August 1997, there was no comment
concerning her initial assignment was not in co
appropriate administrative procedures.
been obligated to make a comment concerning her improper
assignment to the program.

however such documentation is
When she visited the health

This change also

Corpora

Captain

ith
uld have

2

Subj:

CASE OF COR
USMC

In view of the above,

5 .
Correction of Naval Records disapprove Corpo
for removal of the weight control entry from
If the Board for Correction of Naval Records finds that her
records are in error or an injustice was committed, approve the

it is recommended that the Board for

Y f
at

,.%request
'records.

Point of contact

Manpower Management Information
Systems Division

3



Similar Decisions

  • NAVY | BCNR | CY2002 | 03527-02

    Original file (03527-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be (MCTFS) entry reflecting his corrected by removing the Marine Corps Total Force System placement on weight control from 15 January to 5 May 1997. + ,y ,y i -* MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BCNR APPLICATION IN THE CASE OF GUNNERY USMC SERGEANT Encl: ( 1 )...

  • NAVY | BCNR | CY2001 | 04108-01

    Original file (04108-01.pdf) Auto-classification: Denied

    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. aim that "By doctor's orders Subj: SE OF GUNNERY SMC SERGEAN d. Gunnery Sergeant was required to be notified by MC0 6100.10. her commander that she has been assigned to the weight control program per Documented evidence enclosed in her application, the CO, Headquarters and Service Battalion letter 6100/l B 07-03 dated...

  • NAVY | BCNR | CY2001 | 06143-01

    Original file (06143-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the service record page 1 la (“Administrative Remarks (1070)“) counseling entry dated 10 March 1998. Staff Sergean not assigned to the w 6100.10. and 980301 through 98103'0 do not a e. Upon the completion of enclosure (4) to MC0 6100.10, a page MC0 11 entry is authorized...

  • NAVY | BCNR | CY2001 | 05789-00

    Original file (05789-00.pdf) Auto-classification: Denied

    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. 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. VIRGINIA 221346103 IN REPLY REFER...

  • NAVY | BCNR | CY2002 | 03738-02

    Original file (03738-02.pdf) Auto-classification: Denied

    petitioner's assignment to the Military Appearance Program was correctly included on the fitness reports. As with Report A, the adversity of Report B was that he was assigned to the Military Appearance Program. rmance Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine Corps 2 DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROA D QUANTICO, VIRGINIA 22134-510 3 MEMORANDUM FOR...

  • NAVY | BCNR | CY2001 | 07592-01

    Original file (07592-01.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, dated 7 November 2001, a copy of which is attached. 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. 19940823 and then...

  • NAVY | BCNR | CY2001 | 05200-01

    Original file (05200-01.pdf) Auto-classification: Denied

    In view of the above, it is recommended that: a. former 28 entry "Weight Control Failure". rrection of Naval Records disapprove request for removal of DD Form 214 Block b forme commi "Weight Control Failure". r Correction of Naval Records finds that records are in error or an injustice was removal of DD Form 214 Block 28 entry 6 .

  • NAVY | BCNR | CY2001 | 00391-01

    Original file (00391-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing all references to his placement on the weight control program from 17 August 1990 to 1 September 199 1, to include the following entries in the Marine Corps Total Force System (MCTFS): “WEIGHT CONTROL STATUS: 3 RE FRM WT CNTL [remove from weight control]” and “WEIGHT CONTROL DATE: 19900817.” A...

  • NAVY | BCNR | CY2001 | 06887-01

    Original file (06887-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the Marine Corps Total Force System (MCTFS) entries reflecting his assignment to the weight control program on 12 May 1998 and his removal on 8 June 1998. removed from the program on 19980608. e. Staff Sergean the weight unit diary entry, officially assigned to the weight control...

  • NAVY | BCNR | CY2001 | 07178-99

    Original file (07178-99.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing from the Marine Corps Total Force System (MCTFS) the entry reflecting his assignment to the weight control program on MCTFS printout reflecting this entry is at Tab A. ’s ’s record and c. That any material directed to be removed from Petitioner ’s naval record be returned to the...