From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER XXX XX USMC Ref: (a) Title 10 U.S.C. § 1552 (b) MCO 6100.10B W/Ch 1 Encl: (1) DD Form 149 w/attachments (2) Statement of Service of 29 Aug 01 (3) MCTFS Basic Training Record of 28 Oct 96 (4) CO, 1500 SM08/E7E of 24 Sep 91 (5) DD Form 4 of 16 Nov 91 (6) FITREP ending 31 May 95 (7) CO, ltr 1600 Trng of 15 Mar 96 (8) FITREP ending 22 Mar 96 (9) FITREP ending 31 Oct 96 (10) RELM Request of 22 Oct 97 (11) CMC msg of 27 Oct 97 (12) FITREP ending 31 Oct 97 (13) NAVMC 11296 of 9 Jan 98 (14) FITREP ending 15 Mar 98 (15) FITREP ending 15 Apr 98 (16) MCCDC memo 1500 C461TP of 18 May 00 (17) HQMC memo 1760 MMSR-6J of 20 Jun 00 (18) BCNR Docket No. 2064-00 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to reflect retired vice discharged on 15 April 1998. 2. The Board, reviewed Petitioner’s allegations of error and injustice on 6 October 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of enclosures (1) through (18), relevant portions of Petitioner’s naval 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. In accordance with reference (b), Marines are considered overweight when their weight exceeds the maximum allowable weight standards. Commanding officers will establish and maintain an effective weight control program. If a Marine exceeds the weight standards due to improper weight distribution, the Marine will be assigned to the weight control program. It is recognized that exceptions to the standards may be justified for Marines who, although lean and physically fit, exceed the prescribed weight standards because of a high volume of lean muscle mass and a low percent of body fat. Marines requesting an alternate maximum weight should be in good physical condition and score at least 2nd class on the Physical Fitness Test (PFT). Commanders will reevaluate Marines assigned an alternate maximum weight semi-annually to ensure the assignment remains valid. Marines who are granted an alternate maximum weight but fail to maintain the required standard will be assigned to the weight-control program. This will count as their first assignment to the program and a unit diary entry will be made. In cases where the need for a weight or body fat loss is indicated, realistic goals will be established to include the number of pounds or inches to be lost. c. Petitioner entered the U.S. Marine Corps on 14 August 1980. See enclosure (2). d. Petitioner was removed from the weight control program on 7 October 1986. See enclosure (3). e. Petitioner was approved for an alternate weight limit on 24 September 1991. See enclosure (4). f. Petitioner reenlisted on 16 November 1991 for term of 6 years. Subsequently, Petitioner executed four extensions totaling 5 months; end current contract date was 15 April 1998. See enclosure (5). g. Petitioner’s Fitness Report (FITREP) ending 31 May 1995 indicated “…consistent 1st Class PFT. Ht. 67” wt. 215 with waiver for 217”. See enclosure (6). h. Petitioner was approved for an alternate weight limit on 15 March 1996. See enclosures (3) and (7). i. Petitioner’s FITREP ending 22 March 1996 indicated “...I most strongly recommend him for retention and promotion to First Sergeant. Height: 67”, SNM is within alternate weight standard of 225 lbs”. See enclosure (8). j. Petitioner’s FITREP ending 31 October 1996 indicated “…He possesses the technical ability, administrative talent, and self-confidence to carry out all duties to which he may be assigned. I strongly recommend him for retention and promotion to First Sergeant. Height: 68 inches Weight: 238 pounds. SNM has an alternate weight standard of 225 pounds”. See enclosure (9). k. On 22 October 1997, Petitioner submitted a reenlistment request that was certified by the Commanding Officer indicating “HT: 68, WT: 225, Bodyfat: 18% and Recom. World Wide Depl, passed current PFT, meets HT/WT STDS and fit for rigorous CMBT at sea and foreign shores (Y/N): Y”. On 27 October 1997, Headquarters Marine Corps (HQMC) approved Petitioner to reenlist for a period of 36 months. See enclosures (10) and (11). l. Petitioner’s FITREP ending 31 October 1997 indicates “not recommended for reenlistment. MRO height is 68 inches, weight is 224 pounds, body fat is 24% and is not within established standards”. The Reviewing Officer certification comments “despite multiple warnings regarding his weight, SNM failed to meet established goals. His OIC has had multiple counseling sessions with the GySgt to no avail. While an outstanding instructor and mentor, has not met the standards set by HQMC. Despite great leadership skills, excellent professional knowledge and infectious enthusiasm, cannot be recommended for reenlistment or promotion. Concur with the Reporting Senior in his evaluation.” See enclosure (12). m. Petitioner submitted NAVMC 11296, Marine Corps Request Mast Application on 9 January 1998. See enclosure (13). n. Petitioner’s FITREP ending 15 March 1998 indicates “not recommended for reenlistment. MRO height is 68-inches, WEIGHT is 235 pounds, body fat is 24% and is not within established standards”. See enclosure (14). o. Petitioner’s FITREP ending 15 April 1998 indicates “the following report is not observed due to insufficient observation time. MRO is temporarily assigned to awaiting administrative separation from the Marine Corps for not meeting weight standards. MRO is 68 inches tall and weighs 235 pounds. MRO’s body fat is 24% which exceeds Marine Corps weight standards”. See enclosure (15). p. Petitioner was involuntarily discharged on 15 April 1998 with 17 years, 8 months, and 2 days of active duty service. See enclosure (2). q. On 18 May 2000, Marine Corps Combat Development Command provided an unfavorable advisory opinion to Docket Number 2064-00. On 20 June 2000, HQMC recommended administrative changes but indicated no further recommendations were warranted. Assistant General Counsel, Manpower and Reserve Affairs ultimately rendered partial relief on 16 July 2001. See enclosures (16) through (18). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board unanimously concluded Petitioner’s request warrants favorable corrective action. In this regard, the Board determined Petitioner was an instructor at a Navy command. A review of the record indicates that requirements of reference (b) where not adhered to. Specifically, there is no evidence of Petitioner being assigned to a weight control program nor was a unit diary transaction entered into the Marine Corps Total Force System after being removed in 1986. Additionally, Petitioner received multiple alternate weight limit waivers and routinely completed first class physical fitness tests. The Board felt because there is no evidence the Command followed the Marine Corps Order or that an established training requirement to assist Petitioner relief is warranted. BOARD RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 15 April 1998 is rescinded. Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 15 April 1998 for a term of 3-years. Petitioner submitted a request for transfer to the Fleet Marine Corps Reserve to cognizant authority in a timely manner; it was approved with an effective date of 31 August 2000. Petitioner transferred to the Fleet Marine Corps Reserve effective 31 August 2000. Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive pay and allowances. 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. The foregoing action of the Board is submitted for your review and action. 1/7/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 2/8/2021 Assistant General Counsel (M&RA)