DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S,. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 06795-12
3 October 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 3 October 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 and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion from Headquarters Marine Corps dated 24 July 2012 with
enclosure, a copy of which is attached.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board was unable to accept your assertion that you were
never assigned to weight control, finding no requirement for a
service record page 11 (“Administrative Remarks (1070)”) entry
to be prepared for the sole purpose of documenting assignment to
weight control. 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,
dad
W. DEAN P
Executive ter
Enclosure
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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. aim that "By doctor's orders Subj: SE OF GUNNERY SMC SERGEAN d. Gunnery Sergeant was required to be notified by MC0 6100.10. her commander that she has been assigned to the weight control program per Documented evidence enclosed in her application, the CO, Headquarters and Service Battalion letter 6100/l B 07-03 dated...
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MCTFS and medical records supports her commander's action that appears to have followed appropriate administrative procedures when she was assigned to the weight control program on 19970818. The ACHCP commented on her medical The information recorded to her However, the Marine Corps Subj: SE OF CORPORA b. It may be possible that an entry was entered in her medical records to support her initial assignment, not available in her application.
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In view of the above, it is recommended that: a. former 28 entry "Weight Control Failure". rrection of Naval Records disapprove request for removal of DD Form 214 Block b forme commi "Weight Control Failure". r Correction of Naval Records finds that records are in error or an injustice was removal of DD Form 214 Block 28 entry 6 .
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In addition, the Board considered the advisory opinion furnished by the Marine Corps Training and Education Command, dated 26 February 2001 with enclosure, a copy of which is attached. According to Master Sergeant TR, these weight recordings took place "after" he was officially removed (on 3 November 97) from the Weight Control Program, and therefore are irrelevant to this review. ates that he is concerned that nt could affect his promotion to After careful review of the supporting n...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2012. 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. On 24 August and 22 September 1987, you were counseled with regard to losing weight, and warned that failure to adhere to the program could result in...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2012. Although the record is incomplete, you remained on active duty until 15 January 1994, when you received a general discharge by reason of unsatisfactory performance by failing to conform to weight standards. At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service.
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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 material error or injustice. the very documentation included with reference (a) counters the The petitioner had been assigned to In...