Docket No: 3287-18
Ref: Signature date 


Dear :

This letter 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 for Correction of Naval Records (Board) found that 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 of the Board, sitting in executive session, considered your application on 19 June 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 17 August 1992.  On 19 May 1994, you were counseled about your removal from the weight control program, that your “hard work has been noted,” and that “reassignment to the weight control program could lead to 
your being processed for an administrative discharge.” On 23 August 1994, you had surgery on 
your right knee and were placed on limited duty for nearly a year. On 29 September 1994, you 
were counseled due to failure to maintain your weight in accordance with Marine Corps 
standards, specifically being 36 pounds overweight. This was your second assignment to the 
Marine Corps weight control program. You were given 90 days to conform your weight within 
standards. On 12 October 1994, you received non-judicial punishment (NJP) for failure to obey 
a lawful regulation. On 9 January 1995, were counseled and issued a Weight Control 
Program memorandum, for being found to be overweight. Your records reflect that your 
maximum allowable weight was 203 pounds, and your current weight at the time was 244 
pounds, with a body fat measurement of 30.4 percent. A 6 February 1995, medical entry notes 
that, after being on limited duty for nearly a year, you were being considered for administrative separation based on your knee. However, you were placed on the weight control program twice in a three months period and had made minimal to no progress despite dieting, counsel, and physical training at your own pace. Subsequently, you were notified of pending administrative processing to separate you from the naval service by reason of failure to meet weight control standards. You consulted with legal counsel and submitted a rebuttal statement on your own behalf. Your commanding officer recommended discharge with a general (under honorable 
conditions) (GEN) characterization of service by reason of failure to meet weight control 
standards. The discharge authority approved this recommendation and directed a GEN 
discharge. On 26 April 1995, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your 
contention that you were not given proper time to heal from the surgery and meet weight 
standards. The Board concluded that these factors were insufficient to warrant relief in your case because of your NJP and failure to meet and maintain appropriate weight control standards. 
About your contention, the Board noted that within a three-month period on the weight control 
program, your weight increased 33 pounds showing your failure to make satisfactory progress 
towards achieving proper Marine Corps weight standards despite dieting, counseling and 
physical training. The Board, in its review discerned no probable material error or injustice in 
your discharge. 

It is regretted that the circumstances of your 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 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,