DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6374-14
8 May 2015
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 1 May 2015. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the preceedings 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
Lijustice.
You enlisted in the Navy and began a period of active duty on
24 June 1991. The Board found that you were counseled twice on
failing the physical readiness test and placed on the remedial
physical conditioning program. Further, you were counseled on
three occasions regarding not meeting weight/body fat
requirements, placed on a controlled weight/body fat reduction
program, and warned that if you failed to comply with the
controlled weight/body fat reduction 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 weight control failure. You
did not object to the administrative processing and subsequently
received a general discharge on 1 November 1996.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge to honorable and your
assertion that your physical readiness test failures were due to
‘medical conditions sustained while on active duty.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your failure to adhere to your command’s physical readiness
training program atter three formal counselings. Accordingly,
your application has been denied.
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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its. decision in your case. In this
regard, it is important to keep in mind that a presumption of
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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