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 application on 19 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 14 October 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 1 July 2020 Advisory Opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30).  The PERB Decision and the AO were provided to you on 15 October 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 3 January 2017 to 22 February 2017 Fitness Report and replace it with an administrative filler.  The Board considered your contention that the report is unjust because while you were a Career Course student, you were not counseled or dropped from the course for failure to maintain acceptable height/weight/body composition standards, and that after you graduated, your command did not assign you to the Body Composition Program.  You also contend that the Third Officer Sighter incorrectly stated that you accepted responsibility for a failed physical fitness test, and that the report was submitted late, in violation of the applicable Performance Evaluation System (PES) Manual guidance. 
 
The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed.  In this regard, the Board noted that late submission of your report is unacceptable, but it does not invalidate the report.  The Board also noted that the Staff Noncommission Officer Academy modified the previous policy to drop a student upon documented failure to maintain minimum height/weight/body composition standards, and that there is no PES Manual requirement for a formal school to formally counsel a Marine on a failed weigh-in. 
 
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, 
8/30/2021
Executive Director