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

Docket No. 5038-19 
Ref: Signature Date

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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 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.

A review of your record shows you entered service with the Marine Corps Reserve in August 1996 and eventually transitioned to active duty with the Marine Corps. In 2015, you were documented to be out of Marine Corps weight standards. You were placed on limited duty in 2018 but returned to full duty on 16 November 2018. Your enlistment ended in December 2018 and you were granted your first enlistment extension to pursue reenlistment. However, you were not recommended for reenlistment due to being out of weight standards and discharged on 1 March 2019.

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list or be given service credit in order to qualify for retirement. You also requested a change to your reenlistment code based on your assertion that you were never properly counselled on your weight control issues and the fact it was documented that your weight issues had an underlying medical reason. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found insufficient evidence to support a finding that you were unfit for continued naval service at the time of your discharge. In order to qualify for placement on the disability retirement list, a service member must be suffering from a disability condition that prevents the performance of their office, grade, rank or rating.  In your case, the Board noted that you were returned to full duty on 16 November 2018 and felt sufficiently qualified to perform your duties that you requested to be reenlisted. These factors led the Board to conclude the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  Second, the Board considered whether it was appropriate to grant you service credit or change your reenlistment code. They determined there was no evidence of an error or injustice to merit such relief. You were documented to be out of weight standards for approximately four years before you were denied reenlistment. These failures were documented in multiple adverse fitness reports commencing in 31 December 2015. The Board felt this evidence was sufficient to support your command’s decision to not recommend you for reenlistment based on your inability to meet Marine Corps weight standards years after being informed your performance as a non-commissioned officer was substandard due to your weight issues.  The fact you were able to perform your duties well enough to earn accolades despite being out of weight standards did not convince the Board you should have been reenlisted since maintaining weight and physical standards is a key consideration in determining retention and potential for future performance. Since the Board concluded you were properly denied reenlistment, they also determined service credit was not appropriate. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.

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 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,