Docket No: 6237-19  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 with attachments 

1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed the enclosure with the Board for Correction of Naval Records (Board) requesting correction to her Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgraded characterization of service. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 4 June 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of her naval service records, and applicable statutes, regulations, and policies.  

3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  

c.  Petitioner enlisted in the Marine Corps on 29 November 2010.  On 21 April 2013, she was formally counseled due to being outside of weight standards and given six months to meet the standard.  On 22 September 2013, she was again counseled after having not met the goal due to “insufficient effort.”  On 2 November 2013, Petitioner was formally assigned to the Body Composition Program (BCP).  

d.  On 16 March 2014, Petitioner was notified of pending administrative separation by reason of unsatisfactory performance.  After she consulted counsel and waived her procedural rights, Petitioner’s commanding officer recommended administrative separation by reason of unsatisfactory performance with a general, under honorable conditions (GEN), characterization of service.  After the staff judge advocate determined the separation was sufficient in law and fact, the discharge authority directed Petitioner be separated with a GEN characterization of service by reason of unsatisfactory performance.  She was discharged on 7 June 2014.  At the time of discharge, her average PRO/CON marks were 4.1/4.2.  

e.  Petitioner contends she was unjustly discharged with a GEN characterization of service based on failure to maintain weight standards which were due to a medical condition, while in service and at present, that directly impacts her ability to maintain weight.  Additionally, she asserts legal error occurred when she was placed on weight control because she was not medically cleared by a medical officer.  

g.  Petitioner submitted a letter from her primary care provider which explained she has been diagnosed with diabetes and polycystic ovarian syndrome, which are both associated with metabolic syndrome.  The primary care provider stated “metabolic syndrome is the medical reason she was unable to manage her weight and maintain the required weight.”  Additionally, Petitioner submitted an advocacy letter from the gunnery sergeant who served as her unit’s BCP manager.  In his letter, the BCP Manager stated he “firmly believed she tried her best to lose the weight…she did everything that the BCP required to lose the weight.  In fact, she spent extra time at the gym to try and lose the weight.”  From his experience, the BCP Manager stated “I personally believe she had a medical issue that kept her from losing the required weight…I do not think Branch Medical Clinic put much effort into trying to see if anything was wrong with her.” 

CONCLUSION: 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  

The Board noted Petitioner only had one assignment to the BCP and further noted the absence of misconduct or poor performance in the workplace.  Relying upon her performance and final PRO/CON marks of 4.1/4.2, the Board determined there was sufficient evidence to warrant an upgrade to Petitioner’s characterization of service.  Additionally, in the interest of justice, the Board determined Petitioner’s narrative reason, separation code, and separation authority should be changed to “secretarial authority.” 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

Petitioner be issued a new DD Form 214 indicating her characterization of service as “honorable”, narrative reason for separation as “secretarial authority,” separation code as “JFF1,” and separation authority as “MARCORSEPMAN 6421.” 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 18 June 2019. 

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.