DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02610-0939
7 December 2009
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 24 November 2009. 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 ali 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 Corp and began a period of active duty
on 20 November 1985 at age 18. On 30 July 1986, you were
evaluated and advised that your body fat of 24% exceeded weight
control standards and you were placed on a formal weight control
and exercise program. On 29 October 1986, you were counseled for
Failure to make progress while on the weight control program. On
13 February 1987, you received nonjudicial punishment (NUP) for
insubordinate conduct. On 19 February 1987, you were counseled
again for failure to make progress while on the weight control
program. On 1 March 1987 and 14 duly 1987, you received NUP for
ineubordinate conduct. On 9 September 1987, you were counseled
again for failure to make progress while on the weight control
program. Additionally, with each counseling you were warned that
your failure to conform to the Marine Corps weight and appearance
standards could result in administrative discharge action. On 5
October 1987, you were notified of pending administrative
separation action. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your commanding officer forwarded your
case, stating, in part, that you failed to conform to weight
gtandards even after you were granted an extension during
February 1987, and failed to make satisfactory progress as
evidenced by your failure to achieve your weight goal. Your
commanding officer further stated, your retention would adversely
affect the morale, discipline and military effectiveness of the
organization. Subsequently, on 14 October 1987 you were
separated with a general discharge due to unsatisfactory
performance (failure to conform to weight standards) ..
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
narrative reason for separation given the fact you did not adhere
to your command’s remedial weight control program. In this
regard, the unsatisfactory performance narrative reason for
separation is authorized when a Marine is discharged due to
weight control failure and not recommended for retention.
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.
Sincerely,
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