DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8708-20 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 3 February 2021. The names and votes of the panel members will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board. Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps and began a period of active duty on 20 June 1991. On 3 December 1993, you were given a medical evaluation and found to be overweight and your weight gain was not due to a pathological disorder. On 9 December 1993, you were assigned to the weight control program in an effort to reduce/redistribute your weight to an acceptable level through an organized exercise program; you were informed that failure to attain the desired weight loss goal may be cause for administrative separation from the Marine Corps. On 8 June 1994, your assignment to the weight control program expired and you failed to meet your weight goal. Subsequently, you were notified that you were being recommended for administrative separation from the naval service by reason of weight control failure due to your failure to meet the Marine Corps established height/weight standards. The notification advised that if separation was approved, the least favorable description of service authorized in your case would be general (under honorable conditions). You were advised of, and elected your procedural right to consult with military counsel. Your commanding officer (CO) then forwarded your package to the separation authority (SA) recommending administrative separation from the naval service with an honorable characterization of service by reason of weight control failure. The SA approved the discharge recommendation, and directed that you be administrative separated from the naval service with an honorable characterization of service by reason of weight control failure. On 5 August 1994, you were honorably discharged and issued an RE-3P reentry code. The narrative reason for separation listed on your DD-214 states “weight control failure: involuntary discharge directed by established directive.” The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to change your narrative reason for separation and contention that you do not believe that your narrative reason for separation was a reasonable reason to list for separation. The Board noted you did not submit any documentation or advocacy letters to be considered. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your narrative reason for separation is appropriate in your circumstances and authorized by regulatory guidance. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 2/17/2021 Executive Director