DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD
ARLINGTON, VA 22204
Son
Docket No: 02167-11
10 January 2012
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 5 January
2012. 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 active duty on 30 September 1978.
On 16 September 1980, you received nonjudicial punishment (NUP) for
dereliction of duty by willfully failing to comply with a weight
control program and you were reduced in paygrade.
Moreover, you were counseled on several occasions regarding reducing
weight to an acceptable level, and placed on a weight control program.
You were also 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 4 November 1980.
Characterization of service is based in part on conduct averages
computed from marks assigned on a periodic basis. Your conduct
average was 2.6. At the time of your service, a conduct average of
3.0 was required for a fully honorable characterization of service.
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 NJP, failure
to adhere to your command's weight/body fat reduction program, and
failure to attain the conduct average required for an honorable
discharge. 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
ox 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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