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NAVY | BCNR | CY2004 | 01207-04
Original file (01207-04.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 FC
Docket No. 1207-04
16 August 2004
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref:     (a) 10 U.S.C. 1552
 (b)      Marine Corps Separation and Retirement Manual
          (c)      (MARCORSEPMAN), MCO P1900.16A
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting, in effect, that his naval record be corrected to show that his se vice was characterized as honorable, instead of under honorable conditions, when he was discharge on 2 June 1972.
2. reviewe d Petitioners allegations of error and injustice on 11 August 2004, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining 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 Petitioner’s application to the Board was not filed in a timely manner, it is in the interest of justice to waive the statue of limitations and review the application on its merits.
c.       Petitioner enlisted in the Marine Corps on 17 September 1968 at age 24 under the medical remedial enlistment program. On that same day, he signed a service record agreeing to undergo appropriate remedial treatment for being overweight and if, upon completion of such remedial medical corrective action or a reasonable time, he was not found fully fit for active duty in the Marine Corps, he would be subject to discharge. He then served without disciplinary incident and was advanced to sergeant (SGT; E-5). On 15 January 1971 Petitioner was selected for officer candidate school (OCS). However, on 26 March 1971 he was dropped from OCS because of unsatisfactory performance.
d.       On 27 May 1971 Petitioner was placed on the remedial weight control program. Because of his unsatisfactory progress, on 28 December 1971 the commanding officer directed a medical evaluation to determine if his weight was pathological or due to apathy. On 9 March 1972 a medical officer determined that Petitioner’s weight could be controlled by a combination of diet and exercise.
e.       On 28 March 1972 Petitioner was notified of administrative separation processing and he waived the right to make a statement. On 29 March 1972 the commanding officer recommended a general discharge by reason of unsuitability due to failure to meet physical standards due to being overweight. On 18 May 1972 the separation authority directed a general discharge by reason of unsuitability and on 2 June 1972, he was so separated.
g.       Reference (b) states that a Marine discharged by reason of unsuitability will receive either an honorable or general discharge as warranted by the service record, and this determination will be made by the separation authority for a Marine serving in paygrade E-5 or above.
CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Notwithstanding his failure to conform to the weight standards, Petitioner performed well as evidenced by his promotion to sergeant and selection for OCS. Additionally, he had no documented disciplinary actions and served over three years and eight months of his four-year enlistment. Therefore,
Therefore, given his overall satisfactory record, the Board believes that recharcterization to an honorable discharge is warranted.

 RECONMENDAT ION:

 a.       That Petitioner’s naval record be corrected to show that he was honorably discharged on 2 June 1972 instead of the under honorable conditions discharge actually issued on that date.
b.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
c.       That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 12 February 2004.
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.


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 Regulations, 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.














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