DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0352-20 Ref: Signature Date 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 1. Pursuant to the reference, Petitioner, a former enlisted Marine, filed the enclosure with the Board for Correction of Naval Records (Board) requesting a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgrade characterization of service 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 06 February 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, as well as 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps on 7 January 1998. As noted by Petitioner’s commanding officer (CO), Petitioner enlisted with a weight waiver, weighing 212 pounds when evaluated. On 15 December 1998, he was assigned to the weight control program and prescribed the goal weight of 192. On 13 April 1999, he was counseled for failure to make progress while assigned to the weight control program. On 6 August 1999, he was again assigned to the weight control program and prescribed the goal weight of 192. As of 3 December 1999, Petitioner’s weight was 213 pounds. Subsequently, he was notified of pending administrative action to separate him from the naval service by reason of unsatisfactory performance due to failure to make satisfactory progress while assigned to the weight control program as evidenced by his failure to attain his prescribed weight within a reasonable period of time. After Petitioner waived his rights, his CO recommended discharge with a general (under honorable conditions) (GEN) characterization of service due to unsatisfactory performance. After the squadron “S-1 Legal” determined the package was sufficient in law and fact, the discharge authority directed Petitioner be discharged with a GEN characterization of service due to unsatisfactory performance. At the time of discharge, his average performance/conduct marks were 4.4/4.0. d. Petitioner contends he was discharged for being overweight and since his discharge, continues to have difficulties with his weight. CONCLUSION: Upon review and consideration of the evidence of record, the Board determined Petitioner’s request warrants relief. The Board noted Petitioner entered the service at 212 pounds with a weight waiver. Further, the Board noted Petitioner’s record does not contain any documentation of misconduct and, even with his poor performance with respect to his weight, his average marks for the enlistment were 4.4/4.0. Noting his weight waiver at enlistment was one pound less than the last weight recorded before administrative separation processing, the absence of misconduct, and his average marks of 4.4/4.0, the Board determined, in the interest of justice, to grant Petitioner’s request for an upgraded characterization of service. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215), to indicate his characterization of service as “honorable.” No further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the VA be informed that Petitioner’s application was received by the Board on 22 December 2019. 4. 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. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 3/12/2020