Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 08635-09
Original file (08635-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 08635-095
10 June 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 8 June 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Navy and began a period of active duty on

25 November 1981, The Board found that you received nonjudicial
punishments (NJP) for disobedience, assault, drunk and disorderly
conduct, and incapacitation for the proper performance of your
duties. Further, you were counseled on two occasions regarding
not meeting weight/body fat requirements, placed on a controlled
weight /body fat reduction program, and warned that if you failed
to comply with the proper dietary regimen of the program,
administrative discharge action could be initiated.

Unfortunately, you failed to meet the expected weight loss and
administrative discharge action was initiated by reason of
convenience of the government due to obesity as evidenced by your
failure to meet controlled weight/body fat reduction. You did
not object to the administrative processing and subsequently
received a general discharge on 11 March 1987.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and

overall record. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your NUP for very serious offenses and failure to
adhere to your command’s weight/body fat reduction program.
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,

Similar Decisions

  • NAVY | BCNR | CY2011 | 02167-11

    Original file (02167-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2014 | NR6374 14

    Original file (NR6374 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2015. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge to honorable and your assertion that your physical readiness test failures were due to ‘medical conditions sustained while on active duty. In this regard, it is important to keep in mind...

  • USMC | DRB | 2006_Marine | MD0601151

    Original file (MD0601151.rtf) Auto-classification: Denied

    You have four months from this date to reduce your weight to 214 lbs, or below and/or reduce your body fat to 18% or below; however you may also raise your PFT to a first class score while maintaining 22% or less body fat percentage within the time period to be removed from the program. Elements of Discharge: [INVOLUNTARY] Date Notified: 20050615Basis for Discharge:WEIGHT CONTROL FAILURELeast Favorable Characterization: Commanding Officer’s Intended Recommendation: Record Supports Narrative...

  • NAVY | BCNR | CY2009 | 07638-09

    Original file (07638-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2010. On 24 July 2008, you were recommended for administrative separation due to weight control failure. 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.

  • USMC | DRB | 2005_Marine | MD0500509

    Original file (MD0500509.rtf) Auto-classification: Denied

    [Concerning your assignment to the Marine Corps Body composition program. Applicant counseled that he will be processed for administrative separation due to failure to maintain the Marine Corps standards. The Commanding Office is recommending that the Applicant receive a General (Under Honorable Conditions).

  • NAVY | BCNR | CY2001 | 01888-01

    Original file (01888-01.pdf) Auto-classification: Denied

    On 14 November 1994 you and were ordered to The record reflects that on 26 June 1995 you were advised that you did not meet the Navy's weight and body fat standards and would be enrolled in the command's remedial physical conditioning program until the next official physical readiness test (PRT). On 3 December 1997 the commanding officer directed a general discharge by reason of misconduct due to commission of a serious offense. In addition to In that On 21 December 2000 the Naval...

  • USMC | DRB | 2006_Marine | MD0600859

    Original file (MD0600859.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, discharge warning issued.20010111: Counseling: Advised of deficiencies in performance and conduct (You have been assigned to the Marine Corps weight control program for a period of six months. Post-service conduct.Regarding Issue 1, the Board determined that this is not an issue which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant...

  • USMC | DRB | 2006_Marine | MD0600580

    Original file (MD0600580.rtf) Auto-classification: Denied

    The unit’s Remedial Physical Conditioning Program (RCCP) for 6 months.030702: Counseling: Advised of deficiencies in performance and conduct (reassignment to the Marine Corps BCP, specifically, failed to properly maintain body fat composition standards as required by MCO P6100.12 for a second time), advised that this subsequent assignment is for a 6-month period, necessary corrective actions explained, sources of assistance provided, discharge warning (for either weight control or...

  • USMC | DRB | 2005_Marine | MD0500756

    Original file (MD0500756.rtf) Auto-classification: Denied

    Request a medical evaluation be conducted to determine the Applicant’s medical status for BCP and Remedial Physical Conditioning Program (RPCP) participation. [Your unsatisfactory performance while assigned to the Marine Corps Body Composition Program. Therefore, the narrative reason for separation, as stated on the DD214, is incorrect and should be changed from weight control failure to unsatisfactory performance.On 20021105 the Applicant was assigned to Marine Corps Body Composition...

  • NAVY | DRB | 2002_Navy | ND02-01130

    Original file (ND02-01130.rtf) Auto-classification: Denied

    Documentation Only the service and medical records reviewed, as the Applicant did not provide additional documentation for the Board to consider.Department of Veterans Affairs, to Applicant, dated Jul 23, 2002, providing the DD Form 293 to the Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 950221 - 950314 COG Active: None Period of Service Under Review :Date of Enlistment: 950315 Date of Discharge: 980310 Length of...