DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 3232-05
6 October 2005
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 5
October 2005. 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.
After careful and conscientious consideration of the entire record,
the Board found the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Marine Corps on 1 November 1979 at age 19. During
the period from 10 July 1980 to 15 March 1983, you received four
nonjudicial punishments (NJP’s) for being drunk on duty, possession
of alcohol, possession of a trace amount of marijuana, and two
instances of unauthorized absences (UA’s) totaling about four hours.
On 28 November 1980 you were placed on the weight control program
because you were only one pound under your maximum weight of 170
pounds. The records show that your weight continued to fluctuate and
exceeded the maximum weight standard throughout your remaining period
of service, and excessive consumption of alcohol may have been a
factor. On 30 March 1982 you were placed on weight control again for
being eight pounds over your maximum weight. You were warned that
failure to conform to Marine Corps weight standards could result in
administrative separation. On 1 February 1983 you were prescribed
antabuse, and you subsequently reduced your weight to 175 pounds,
which still exceeded the maximum authorized weight.
Based on the foregoing record, on 6 April 1983 the commanding officer
recommended you for a general discharge due to your failure to conform to
weight standards. On 18 April 1983 the separation authority approved the
commanding officer’s recommendation. On 20 April 1983, you were so
discharged.
Characterization of service is determined, in part, by military conduct
averages computed from marks assigned on a periodic basis. Your final
military conduct average was 3.8. An average of 4.0 in conduct was required
for a fully honorable characterization of service.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and your
desire for a better discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your failure to conform to Marine Corps weight standards, the four
NJP’s, and your failure to attain the required average in conduct. The
Board noted that you were aware of your maximum weight but failed to
conform to applicable standards. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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.
The Board noted that you may be eligible for veteran’s benefits with a
general characterization of service. You should contact the nearest office
of the Department of Veterans Affairs if you desire clarification about
your eligibility for those benefits.
Sincerely,
2
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