Docket No 4979-20 
 
 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 28 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your Body Composition Program (BCP) assignment and the resulting Administrative Remarks 6105 counseling entry, remove the fitness report for the reporting period 1 January 2017 to 31 December 2017, and backdate your date of rank to gunnery sergeant.  The Board considered your contention you were unfairly assigned to BCP due to extenuating circumstances concerning your infant’s health.  Specifically, the Board considered your contention the diet and exercise plan implemented because of your daughter’s diagnosed failure to thrive delayed your return to height and weight standards and resulted in the unfair BCP assignment.  You further contend you were “punished for prioritizing [your] child’s health which is contradictory to the Commandant of the Marine Corps’ guidance.”  The Board also considered your contention that, but for the unjust assignment to BCP, your promotion to gunnery sergeant would not have been delayed.   

The Board, however, noted the time between the birth of your daughter on 31 October 2016 and your assignment to BCP on 9 November 2017 was more than 12 months, which was greater than the post-partum guidance in effect at the time and longer than the newly revised post-partum guidance.  The Board, noting you did not communicate to the command regarding your concerns for your daughter’s health which complicated your weight loss efforts, determined there was insufficient evidence you were “punished for prioritizing [your] child’s health” or that you were “failed by previous leadership in recognizing the extent of [your] child’s and [your] own medical complications.”  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,
 
6/16/2021
Executive Director