Docket No 4574-20

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.     
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 25 May 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 12 June 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 the adverse fitness report covering the period 1 January 2019 to 1 July 2019 for failing the crunches portion of a physical fitness test (PFT) on 1 February 2019 and two 6105 counseling entries; 11 April 2019 for failing the PFT and one on 26 June 2019 for an Equal Opportunity violation.  You argue that the report and the 11 April 2019 6105 counseling entry are invalid because you injured yourself while participating in the PFT and you should have received credit for a partial PFT.  You further contend that the 26 June 2019 6105 counseling is unjust as the counseling was given in retaliation for your request mast against The Basic School (TBS) Commanding Officer.  You included with your petition, a weather history for the date that you took the PFT, medical records dated 27 February to 6 March 2019, a light duty chit of 6 March 2019, your PFT training history reflecting consistent 1st class scores, and a character reference from the contested fitness report’s reporting senior (RS). 
 
The Board concurred with the AO that you failed to declare to the Combat Physical Training Representative (CPTR) that you were injured and needed to take a partial PFT.  The Board further noted that you did not receive a light duty chit until 6 March 2019, over a month after the PFT occurred.  The Board further noted that the 6105 counseling for violating the Prohibited Activities and Conduct (PAC) order was based on a command investigation, and the Third Officer Sighter stated that there was no evidence to corroborate your claim of retaliation.  Consequently, the Board found that there was insufficient evidence to show material error or injustice warranting removal of the contested report or 6105 counseling entries.  The Board determined that the fitness report and counseling entries are administratively correct and shall remain in your official military personnel file as written. 
 
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, 
 
6/15/2021
Executive Director