From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX , USMC Ref: (a) 10 U.S.C. §1552 (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 with attachments (2) Case Summary 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 his general (under honorable conditions) discharge be upgraded to honorable character of service. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 3 February 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 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 and began a period of active duty on 4 January 1999. On 7 February 2000, Petitioner was given a medical evaluation and found to be overweight, and that his weight gain was not due to a pathological disorder. On 7 February 2000, Petitioner was assigned to the weight control program in an effort to reduce/redistribute his weight to an acceptable level through an organized exercise program. Petitioner was informed that failure to attain the desired weight loss goal may be cause for administrative separation from the Marine Corps. On 20 October 2000, Petitioner was medically evaluated, and diagnosed with Patellofemoral Pain Syndrome, and recommended for administrative separation. Subsequently, Petitioner was notified that he was being recommended for administrative separation from the naval service by reason of convenience of the government due to physical condition not a disability and unsatisfactory performance of duty. The notification advised that if separation was approved, the least favorable description of service authorized in his case would be general (under honorable conditions). Petitioner was advised of, and waived his procedural rights to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board. Petitioner’s commanding officer then forwarded Petitioner’s package to the separation authority (SA) recommending administrative separation from the naval service with a general (under honorable conditions) characterization of service by reason of convenience of the government due to physical condition not a disability and unsatisfactory performance of duty. The SA approved the discharge recommendation, and directed Petitioner’s administrative separation from the naval service with a general (under honorable conditions) characterization of service by reason of unsatisfactory performance. On 22 January 2001, Petitioner was so discharged. d. Petitioner states that he was discharged due to a medical condition. He was later evaluated by the Department Veterans Affairs and received 40 percent disability rating, three months after his separation. e. During Petitioner’s period of service, character of service was based, in part, on conduct and overall trait averages which were computed from marks assigned during periodic evaluations. Petitioner’s conduct average was 4.2. An average of 4.0 in conduct was required at the time of Petitioner’s separation in order to be considered for a fully honorable characterization of service. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of his circumstances. Additionally, the Board reviewed Petitioner’s application under the guidance provided in the Wilkie Memo. Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. In this regard, in light of reference (b) and applying liberal consideration, the Board determined Petitioner’s overall record of service, to include Petitioner’s overall performance trait average, warranted clemency and concluded that the Petitioner’s discharge should be upgraded to an Honorable character of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 22 January 2001, Petitioner was discharged with an Honorable character of service. No further action be granted. That no further changes be made to Petitioner’s record. That a copy of this report of proceedings be filed in Petitioner’s naval record. 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 Regulations, 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. 2/18/2021 Executive Director