DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3572-19 
Date: Ref Signature 

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 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 28 May 2020.  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 and began a period of active duty on 15 June 1973.  On 4 February 1974 you were notified of your placement on the weight control program.  On 30 August 1974, you were counseled a second time regarding your placement on the weight control program.  On 22 September 1974, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 12 November 1974, you received NJP for failure to be at your appointed place of duty.  On 8 May 1975, you were counseled regarding your failure to maintain satisfactory weight loss, and you were notified that continuation of your deficiencies would result in administrative separation for unsuitability.  On 28 May 1975, following a medical evaluation, the Senior Medical Officer recommended your separation from the naval service.  On 6 June 1975, you were notified of the initiation of administrative separation proceedings by reason unsuitability.  On 11 June 1975, your Commanding Officer recommended your separation for unsuitability-obesity and apathy. On 8 July 1975, you were counseled regarding your substandard performance of duty and personal appearance.  On 27 June 1975, your administrative proceedings were determined to be sufficient in law and fact.  On 9 July 1975, the discharge authority approved and directed your discharge.  On 23 July 1975, you were discharged with a general characterization of service for unsuitability.  At the time of your discharge you were assigned a final mark of 3.9 in conduct and proficiency. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you suffered from chronic bronchitis and an ankle injury which affected your ability to exercise.  Characterization of service refers to the quality of an individual’s militaryservice.  Character of service is often based, in part, on the overall marks in conduct computed from marks assigned on a periodic basis.  Your final mark in conduct was below the OTA of 4.0 required at the time of your separation for a fully honorable characterization of service.  Further, a general characterization is awarded when significant negative aspects of the member’s conduct or performance outweigh positive aspects of their conduct or performance. Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board in its review determined you were assigned the appropriate characterization of service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,