DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4988-14
8 July 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Qe UsMc,
ELD
Ref: (a) LO U.8sG. LSSZ
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record (CD)
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 be changed.
2. The Board, consisting 0f ai
Rae reviewed Petitioner's allegations of error and
injustice on 6 May 2015 and, pursuant to its regulations, a
majority 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 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.
TAL
Docket No. 4988-14
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 29 October 2007 and served without
disciplinary incident. He was counseled on several occasions
from 15 October 2009 to 25 July 2011, for failure to maintain
Marine Corps weight and body compositions standards. He was
placed on the body composition program (BCP) with a body weight
of 248 pounds, while on BCP he gained an additional 55 pounds.
His weight gain caused him to incur ailments which prevented him
from conducting the majority of his duties. Subsequently, he
was processed for an administrative separation by reason of
condition not a disability. On 17 October 2011, he was issued a
general discharge. At the time of his discharge he had a
conduct average of 4.2 which was sufficient 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 periodic conduct
marks. The Board notes that his conduct average 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
error and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was honorably discharged on 17 October 2011.
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.
TAL
Docket No: 4988-14
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.
-_
T. J. REED
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.
ROBERT J. O'NEILL
Executive Director
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