Docket No: 538-20 
 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 February 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, as well as the 16 January 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 16 January 2020, 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 22 April 2019 to 14 May 2019.  The Board considered your contention that according to the Marine Corps Body Composition and Military Appearance Program Manual your body fat measurements were conducted improperly.  You assert that two force fitness instructors (FFIs) are required to physically tape you, three times each to ensure accuracy, however, you were only taped by one FFI while the other FFI visually confirmed your measurements.  As evidence, you furnished correspondence from a former Recruiter School classmate. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that you were issued an Administrative Remarks (page 11) entry counseling you for not complying with Marine Corps Body Composition standards.  The Board also noted your page 11 rebuttal statement, in which you stated, “On 25 April 2019, I was taped by two FFI’s with a measurement of 24%”, you requested to be taped again, and you took full responsibility for putting yourself in that situation.  The Board noted, too, that your Third Officer Sighter adjudicated the factual differences and noted that you were “measured per the MCO. . .”  The Board found your evidence insufficient to conclude that the FFIs failed follow procedures according to the Marine Corps Body Composition and Military Appearance Program Manual when conducting measurements of your body fat.  The Board determined that the adverse nature of your contested fitness report is valid.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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, 
 
2/25/2021
Deputy Director