DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6278-10
1 April 2011
From: Chairman, Board for Correction of Naval Records
liveye Secretary of the Navy
Subj ECORD _OF
Ref: (a) 16 U.S.@. 1552
Encl: DD Form 149 with attachments
(1
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
Former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that the general characterization of
his discharge of 28 October 1993 be changed.
2. The Board, consisting of Mr. Blanchard, Mr. Ivins and Mr.
Rothlein, reviewed Petitioner's allegations of error and
injustice on 9 March 2011 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a period
of active duty on 26 June 1991 at age 19. On 3 March 1993, he
was evaluated and advised that he was being placed on a formal
weight control and exercise program. He was directed to meet a
weight reduction goal of 178 pounds within a s1x month period.
He did not adhere to the command remedial weight control program.
Subsequently, he was processed for an administrative separation
by reason of unsatisfactory performance due to his poor progress
in losing weight. On 19 October 1993 the discharge authority
directed separation with a characterization of service warranted
by the service record. On 28 October 1993 he was issued a
general discharge by reason of unsatisfactory performance. At
the time of his discharge he had a conduct average of 4.1 which
was sufficiently high for a fully honorable characterization of
service.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board's finding is based on his length of service
and periodic conduct marks. The Board notes that his conduct
average of 4.1 was sufficiently high to warrant a fully honorable
characterization of service. Based on the foregoing the Board
concludes that no useful purpose is served by continuing to
characterize his service as having been under honorable
conditions, and recharacterization to a fully honorable discharge
is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record is corrected to show that
he was honorably discharged on 28 October 1993 vice being issued
a general discharge under honorable conditions on the same day.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
presented at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
Brooon Drege
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for correction of
Naval Records (32 Code of Federal Regulation, Section 723.6 (e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
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