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

Docket No: 7181-18 
Ref: Signature Date 

This letter 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. 
   
A three-member panel of the Board, sitting in executive session, considered your application on 17 September 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, as well as the enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB),.  The AO was provided to you on 23 August 2018, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness report for the reporting period 8 March 2017 to 15 August 2017.  The Board considered your contentions that your Physical Fitness Test (PFT) failure was due to multiple contributing factors—specifically, that the heat index was 89.6 at the time of the PFT, you were the sole participant without a corpsman, and your Physical Health Assessment (PHA) was completed on the last eligible day to conduct a PFT.  You also assert that the temperature was close to black-flag conditions that would result in the suspension of training, and you were unable to complete the PHA due to command issues barring you from completing the assessment. 
 
The Board noted that you received an adverse report for failing the run portion of the PFT during the reporting period.  The Board also noted your reviewing officer’s statement that, per “Ready.Marines.mil,” the projected temperature for the day of your PFT would have met the conditions for a red flag and thus there was no requirement to suspend physical activity.  Although no corpsman was available, the officer who administered the PFT followed you in a vehicle during the run, offered you water, and called out your time.  The scheduling of the PHA was delayed in part by your inactivity from 5 June 2017 to 26 June 2017, waiting for you to schedule an appointment with a civilian provider, and issues entering you into a system of record.  The Third Officer Sighter (3OS) reviewed your statement and the statements of your reporting officials, conducted an interview with you, and conferred with the Director, Training and Education Command (TECOM), Force Fitness Program.  After careful consideration, the 3OS concurred with your reporting officials that the report is properly adverse.   

The Board substantially concurred with the PERB that the contested report is administratively and procedurally correct. In this regard, the Board noted that you acknowledged that you failed the run portion of the PFT.  The Board also noted that the temperature on the day of the PFT did not require the suspension of physical activity, and the fact that the PFT was conducted on the last day of eligibility does not invalidate the results.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 
 
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,

 
10/11/2019