DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
:701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TIR
Docket No: 3308-11
23 January 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.s.c. 1552 —
Encl: {1) DD Form 149 with attachments
(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 characterization of his
general discharge be changed.
2. The Board, consisting of Messrs. Exnicios, Hess, and
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 18 January 2012 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 ina
timely manner, it is in the interest of justice to waive the
Statute of limitations and review the application on its merits.
ec. Petitioner enlisted in the Marine Corps on 19 May 1990 at
age 18, began a period of active duty on 19 October 1990, and
served without disciplinary incident.
d. Petitioner’s record contains documentation which states,
in part, that he failed to conform to the Marine Corps (USMC)
height/weight (HT/WT) standards and was subsequently assigned to
a weight control program, which he failed. The record also
states that he was repeatedly counselled regarding weight control
to no avail and as such was recommended for an administrative
separation.
e. Petitioner was processed for separation by reason of
unsuitability due to failure to conform to USMC HT/WT standards -
weight control failure. The discharge authority directed the
commanding officer to issue a general discharge by reason of
unsuitability, and on 1 July 1993, he was so discharged.
f£. Character of service is based on conduct and proficiency
averages which are computed from marks assigned during periodic
evaluations. At the time of Petitioner’s discharge his conduct
average was 4.2, which exceeded the requirement to warrant 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 decision is based on Petitioner's overall
satisfactory service as shown by him serving without disciplinary
incident, and his high conduct mark average, which the Board
notes exceeded the requirement 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 less than fully .
honorable, and as such recharacterization is appropriate.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval.record be corrected to show that
he was issued an honorable discharge on 1 July 1993 vice the
general discharge actually issued on that day.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
ec. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 25 March 2011.
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
present 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.
ROBERT D. ZSALMAN BRIAN Sresown ) Aanagh
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.
Wao!
W. DEAN
Executive a EBtDo
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