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
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