Docket No. 3327-20
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.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 1 April 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in April 2012.  In 2014, you were promoted to E4.  In January 2015, you deployed to Japan until July 2015 during which you suffered a knee injury placing you on light duty.  At that time, you assert you negatively screened for the Corporal’s course due to your injury.  You were later counseled on 3 December 2015 and 11 April 2016 for failing to complete required Profession Military Education (PME) for promotion to E5.  Again, you were counseled on 12 May 2016 for failing to complete PME before enrolling in the Corporal’s Course the following month.  However, you were subsequently counseled on 13 June 2016 for failing to maintain weight standards resulting in your disenrollment from the Corporal’s Course.  After being counseled for a final time for not completing your required PME on 6 July 2016, you were promoted to E5 after completing the required coursework.  On 13 September 2020, you were discharged at the completion of your required active service with an Honorable characterization of service. 
 
The Board carefully considered your arguments that all your counseling statements related to your failure to complete PME for promotion to E5 should be expunged from your record.  Additionally, the Board considered your argument for removal of your weight control failure counseling from your record.  Unfortunately, the Board disagreed with your rationale for relief.  Specifically, the Board found no basis for removing any of the counseling related to your failure to complete required PME for promotion to E5.  The Board was not persuaded by your assertions that your command failed to support your attendance to the Corporal’s Course due to injury and operational commitments.  The Board noted that you were first counseled on your failure to complete PME approximately 16 months after your promotion to E4.  Following counselings were issued starting four months after that initially counseling.  Absent evidence that you requested and were denied attendance to the Corporal’s Course during that four month period, the Board determined insufficient evidence exists to support your claims of error.  Regarding your assertion that the 13 June 2016 counseling should be removed from your record based on lack of evidence that you were overweight, placed on the Body Composition Program (BCP), or allowed to provide evidence of an underlying medical condition affecting your weight, the Board again disagreed.  The counseling was issued to document the reasoning for your disenrollment from the Corporal’s Course, direct you be screened for BCP, and explain the consequences if you did not comply with the counseling recommendations.  Therefore, the Board concluded that the 13 June 2016 counseling met the requirements of Marine Corps Order 1900.16, paragraph 6105. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to 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,