DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8151-09
22 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 20 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 Marine Corps on 17 January 1989. You received
nonjudicial punishment (NJP) on one occasion for a nine day
period of unauthorized absence (UA). You were counseled on
five occasions for writing worthless checks, UA, weight control
problems, and an alcohol-related incident. On 12 January 1994,
administrative processing was started for your weight control
failure, however, you could not be separated at that time due
to ongoing medical issues. On 15 March 1994, weight control
failure administrative discharge processing was started again.
On 25 May 1994, you were eligible for promotion to sergeant,
but were not recommended due to being assigned to the weight
control program. On 2 September 1994, you received a general
discharge for unsatisfactory performance (weight control
failure), 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 youth, and
medical problems. However, the Board concluded that your
general discharge should not be changed due to your NUP and
weight control problems. 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,
Nas
W. DEAN P L
Executive Biréctor
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