DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7638-09
28 April 2010
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 27 April 2010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 5 July 2005. You were counseled twice ©
regarding your failure to meet weight standards and failing the
physical readiness test (PRT). You were warned that failure to
take corrective action could result in administrative
separation. On 15 July 2008, you received an adverse
performance evaluation, in which you were not recommended for
retention due to your failure to meet weight standards. On 24
July 2008, you were recommended for administrative separation
due to weight control failure. You had failed the PRT twice
and the body composition assessment five times. Your body fat
composition was 33%. You were required to have a body fat
composition not to exceed 22%. On 14 August 2008, you received
a general discharge for failure to meet physical standards, and
were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your work
performance and injury. However, the Board found that your
discharge and reenlistment code should not be changed due to
your failure to meet physical standards. In view of the above,
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,
LD DuanG |
W. DEAN P F
Executive Dike Lr
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The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Code: RE-4.” 939521: DD Form 214: Applicant discharged this date by reason of other physical, mental conditions – obesity with a characterization of general under honorable conditions. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620250, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT ON THE...
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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 opinions from Headquarters Marine Corps dated 21 April 2008, a copy of which is attached, and your letter dated 24 May 2008.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was...
USMC | DRB | 2006_Marine | MD0600580
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