DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8510-17 APR 22 2019 Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. 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 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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 16 January 2019. The names and votes of the members of the panel 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 this 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. You enlisted in the Marine Corps Reserve and began your tour for active duty training on 13 December 1982. You subsequently completed this training with an Honorable characterization of service and were released on 8 June 1983. On 17 October 1983, you began a period of active duty. You subsequently completed this enlistment with an Honorable characterization ofservice on 1 April 1986 and reenlisted on 2 April 1986. The record reflects that on 6 December 1993, you requested an alternate weight waiver. On 13 December 1993, your commanding officer (CO) denied your request. On 28 February 1994, your CO was provided a medical evaluation concerning your weight control failure. The medical evaluation stated in part that your physical appearance was not due to a pathological disorder and you were fit for participation in a physical exercise program. Further, according to the medical evaluation, the recommended loss of 1.5 pounds per month and a total loss of nine pounds within six months was a realistic goal. On 28 February 1994, your CO directed you to meet the requested weight reduction goal of 1.5 pounds per month. You were to attain a weight goal of 197 pounds which was required to be attained no later than 6 months. You were advised failure to comply may result in separation from the naval service by reason of unsatisfactory perfonnance. You were also advised that assistance in meeting your weight standards are available. On 18 July 1994, you were counseled concerning not making adequate progress while assigned to weight control program. You were advised that failure to take corrective action may result in administrative separation. Subsequently, you were notified of pending administrative separation action by reason of weight control failure, at which time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your CO recommended that you be discharged with a general characterization ofservice. The discharge authority approved this recommendation and directed that you be discharged with a general characterization of service by reason of weight control failure. On 12 December 1994, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contentions that since your corrective action letter of 28 February 1994, there was no further determination because you had a left thigh injury that prevented you from performing physical activity to your full potential. The Board also considered your submission of supporting documentation. The Board concluded that these factors were not sufficient to warrant relief in your case given your failure to adhere to Marine Corps Physical Readiness Standards. The Board noted the record shows you were notified of and waived your right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. The Board in it review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director