DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
 
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 applications on 17 June 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the 23 July 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 10 April 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (the AO).  The PERB Decision and the AO were provided to you on 23 July 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your 12 August 2018 to 31 December 2018 Fitness Report.  The Board considered your contentions that your assignment to the Body Composition Program (BCP) and the issuance of an Administrative Remarks (Page 11) counseling entry occurred outside of the reporting period, therefore, the contested report is unjustly adverse.   
 
The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System (PES) Manual guidance.  In this regard, the Board noted that the report’s adversity is not based on assignment to BCP, but rather your failure to maintain Marine Corps height/weight/body fat standards during the reporting period.  This rendered the report adverse.  You also had an opportunity to rebut the report adversity and responded in part, “I take full responsibility for my failure to maintain clear and concise standards as it relates to height and weight standards.”   
 
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, 
 
6/29/2021
Executive Director