DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6892-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MBR , USMC Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 4 March 2021 (3) Director CORB letter 1910 CORB: 001 of 17 March 2021 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s eligibility for an Honorable characterization of service. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 29 April 2021, and pursuant to its regulations, 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, relevant portions of the 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. Petitioner entered active duty with the Marine Corps in September 1999. He served without incident until 2008, when he was placed on the Body Composition Program (BCP) for being out of weight standards. His record indicates he was diagnosed with an adjustment disorder in August 2009 and had suffered from anosmia since 2002. In March 2013, Petitioner is diagnosed with Post-Traumatic Stress Disorder symptoms before being diagnosed with Achilles tendonitis in his left foot. By July 2013, Petitioner is again overweight and he is screened for BCP. His 22 July 2013 medical screening determines his weight gain is not due to an underlying disease or cause and he is medically cleared to participate in BCP. While he is in BCP, Petitioner receives a fitness report that documents he is performing well including scoring a first class Combat Fitness Test. Despite the adverse nature of the report due to his weight issues, Petitioner is ranked as a “highly qualified” Marine. c. Petitioner is diagnosed with a possible autoimmune disorder in January 2014. He subsequently fails BCP on 28 January 2014 despite losing 11 lbs and 3% body weight. He is medically cleared to separate on 24 April 2014 before being discharged on 7 July 2014 for unsatisfactory performance for not maintaining Marine Corps Standards due to his failure in BCP. On 24 April 2015, the Department of Veterans Affairs (VA) rated Petitioner for a number of disability conditions that warranted to combined 70% rating. This Board denied Petitioner’s request to be placed on the Disability Retirement List on 6 February 2020. d. In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that the evidence does not support relief. However, the opinion states that the Board should consider whether Petitioner’s narrative reason for separation should be changed as a matter of equity based on the possible effect his Achilles condition had on his ability to exercise at the time. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. Specifically, the Board determined Petitioner’s narrative reason for separation should be changed to Secretarial Authority as a matter of injustice. In making this determination, the Board found no error with the Marine Corps decision in administratively separating Petitioner for his inability to maintain his weight. The Board concurred with the rationale from its 6 February 2020 decision that Petitioner’s weight gain was not medically related based on the 22 July 2013 medical screening in his record. The Board was not persuaded by Petitioner’s arguments that his Achilles condition qualified as an underlying medical condition that caused his weight gain. The Board found no medical evidence that an Achilles tendon condition directly causes weight gain. While Petitioner’s condition prevented him from exercising, his condition did not cause him to gain weight. Rather, the Board determined it was Petitioner’s inability to manage a proper diet that led to his weight gain. His inability to exercise, due to his Achilles condition, simply exacerbated his weight gain since it negatively impacted his ability to mitigate his over consumption of calories through exercise. The Board concluded it was Petitioner’s responsibility to control his diet in light of his Achilles injury that partially impacted his ability to exercise. Regardless, the Board felt it was in the interests of justice to grant partial relief by changing Petitioner’s narrative reason for separation to Secretarial Authority based on evidence that Petitioner made a good effort attempt to lose weight despite his Achilles condition and continued to perform well in his assigned duties. Regarding Petitioner’s request to be placed on the disability retirement list, the Board found insufficient evidence to support relief. In making their findings, the Board substantially concurred with the advisory opinion in Petitioner’s case. Specifically, the Board determined the preponderance of the evidence did not support a finding of unfitness since Petitioner was performing his assigned duties well while in the BCP. As explained in the previous Board decision and the advisory opinion, Petitioner’s performance indicated his medical conditions did not create an occupational impairment and he was medically cleared for separation just prior to his discharge. This evidence led the Board to conclude Petitioner did not meet the criteria for a finding of unfitness for continued naval service despite the existence of his disability conditions and his post-discharge VA ratings. Accordingly, the Board determined no additional change to Petitioner’s record was merited. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to “Secretarial Authority” and his SPD code to “JFF.” Petitioner will be issued a new DD Form 214 consistent with this change. 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 5/4/2021 3