Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR2496 14
Original file (NR2496 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 —

 

BC
Docket No: 02496-14
14 August 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 13 August 2014. 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 on 14 December 2005. On 15 November
2006, you failed to meet the body fat composition standard. On
18 April 2007, you received counseling concerning two incidents
of driving on a suspended license and driving a vehicle without
permission. On 18 June 2007, you again failed to meet the body
fat composition standards. On 14 May 2009, you received
nonjudicial punishment (NUP) for dereliction in the performance
of your duties. On your separation physical it documents that
you failed to meet the physical fitness requirements on three
occasions within a four year period. You were informed that you
were being recommended for administrative separation due to not
meeting physical fitness standards. Your commanding officer
recommended that you receive an honorable discharge. On 29 May
2009, you were discharged by reason of physical standards with
an honorable characterization of service and assigned an RE-4
(ineligible for reenlistment) reentry code.
As you have failed to demonstrate that your reentry code was
assigned in error or that it would be in the interest of justice
to assign a more favorable code, the Board was unable to
recommend favorable action on your request. 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
ithe 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,

ROBERT D. ZSALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 10439-07

    Original file (10439-07.rtf) Auto-classification: Denied

    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. In addition, the Board considered the advisory opinions from Headquarters Marine Corps dated 21 April 2008, a copy of which is attached, and your letter dated 24 May 2008.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2011 | 00352-11

    Original file (00352-11.pdf) Auto-classification: Denied

    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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reenlistment code because of your misconduct, which resulted in NUP, deficiencies in your performance, continuous failing of physical fitness tests, and the nonrecommendation for retention; all...

  • NAVY | BCNR | CY2006 | 01736-06

    Original file (01736-06.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB), dated 12 June 2007, and the advisory opinion from the HQMC Manpower Information Operations, Manpower Management Information Systems Division (MIO), dated 30 January 2007, copies of which are attached. The responsibility to implement this policy rests with the commander ~ not meet the prescribed weight standards, the commander~- must take specific actions prior to...

  • 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...

  • 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...

  • USMC | DRB | 2006_Marine | MD0600068

    Original file (MD0600068.rtf) Auto-classification: Denied

    Applicant advised to loss 16 pounds or 5 percent body fat and maintain for 6-month BCP assignment period.021029: First Endorsement to CO’s ltr of 29 Oct 02. I am recommending that he receive a General under honorable conditions discharge.This recommendation is based upon the respondent’s failure to meet Marine Corps weight standards set forth by the Body Composition Program (BCP) . According to the reference, a Marine assigned to the BCP on two separate occasions (e.g., first and second...

  • 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 | 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 | 2011_Marine | MD1100252

    Original file (MD1100252.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is...

  • USMC | DRB | 2011_Marine | MD1101781

    Original file (MD1101781.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20060804 - 20060917Active: Period of Service Under Review: Date of Current Enlistment: 20060918Age at Enlistment: Period of Enlistment: Years13 MonthsDate of Discharge:20101027Highest Rank:Length of Service: Year(s)Month(s)10 Day(s)Education Level: AFQT:51MOS: 6046Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...