DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7512-20 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 3 August 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 5 October 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 26 August 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30). The PERB decision and AO were provided to you on 5 October 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. The Board carefully considered your request to remove your fitness report for the reporting period 7 January 2020 to 13 February 2020. The Board considered your contentions that during the reporting period, you were taking prescribed medication for a staph infection and weight gain and retention was a side effect of those medications. You claim that you did not have a prior history of weight control and that your height has been measured at 68 inches in the past. As evidence, you furnished a list of medications and side effects. The Board, however, substantially concurred with the PERB decision and AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your fitness report was rendered adverse for failing to meet the Marine Corps’ minimum body composition standards. The Board also noted the substantial list of medications you furnished, however, the Board determined that your evidence was not supported by a medical diagnosis, medical exemption, or appropriately credentialed health care provider. The Board found no evidence that you provided documentation of the medications before being weighed in or that the procedures used to record your height, weight, and body fat measurement were conducted contrary to regulations and you provided none. The Board determined that your fitness report was appropriately rendered adverse according to the Marine Corps Performance Evaluation System Manual. 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, 8/19/2021 Deputy Director