Docket No: 2764-20
Ref: Signature Date

 
 
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 March 2021.  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.  The Board also considered the 4 March 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.     
 
The Board carefully considered your request to remove from your official military personnel file (OMPF) an Administrative Remarks (page 11) counseling of 29 November 2018 documenting your assignment to the Body Composition Program (BCP) and an adverse fitness report covering the period 1 May 2018 to 31 December 2018.  The Board considered your contention that the page 11 and fitness report are invalid because the command processed the BCP assignment five days after the deadline and the command failed to take into account an underlying medical condition.  
 
The Board noted that the fitness report did not include any reference to BCP assignment; instead the report is adverse as you were out of height weight standards during the reporting period.  The Board concurred with the AO that the report is in line with the Performance Evaluation System Manual and is valid as written.  The Board further noted that you did not submit a rebuttal to the page 11 and that as of 29 November 2018 you were not diagnosed with Hyperparathyroidism; consequently, at the time you were issued the page 11 you did not have medical documentation exempting you from BCP.  The Board concluded that there is insufficient evidence to demonstrate that the page 11 contained a material error or injustice warranting removal from your record.   
 
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,