DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S.COURTHOUSE ROAD. SUITE 1001 ARUNGTON , VA 22204-2490

JDR
Docket No: 1874-15
s January 2016

Dear Staff Sergeant	
I
This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552 .

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of  the Board for Correction of Naval Records, sitting in executive session, considered your application on
20 October 2015.	The names and votes of the members of the panel will be  Iurnished upon request.	Your ailegations 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, your naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by Headquarters, U .S. Marine Corps (MIQ) of 21 August 2015, a copy of which wa previously provided to you and i·s enclosed.

After careful and conscientious consideration of the matter, the Board found the evidence was insufficient to establish the existence of probable material error or injustice.

On 9 August 2012, an initial Body Composition Program  (BCP) assessment was conducted which indicated that your weight and body fat percentage had exceeded Marine Corps standards.  Thus, an applicable unit diary entry was entered into the Marine Corps Total Force System (MCI'FS) and you received a Page 11 cowiseling entry, signed by  your commanding officer, documenting your assignment to the Marine Corps BCP .	You were alerted that

failure to take corrective action to achieve your recommended weight/body fat reduction goals could result in administrative separation, and you were advised of available assistance: You declined to submit a written rebuttal statement to the counseling entry.	On  12 April 2013, a final BCP assessment was conducted which indicated that you attained and maintained the Marine Corps body composition standards .  You were officially removed from the BCP and a unit diary entry reflecting the removal was ran in MCTFS.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to have the Page 11 counseling entry and unit diary entries documenting your assignment to the BCP removed from your
.record. The Board also considered your contention that your assignment to the BCP was not in accordance wi.th	arine corps
regulations. Nevertheless, the Board determined that there was insufficient evidence in the record, and you provided none, to support a conclusion that your record is in error or that your assignment to the BCP contitutes an injustice.	Specifically, the Board concurred - significantly with the AO. In this connection, the board found that the Page'11 counseing entry is procedurally and administratively correct as written. Further, the record shows that on the day you were officially assigned to the BCP, you were not within Marine Corps body composition standards, and assignment to the program was appropriate .
Accordingly, your application has been denied.

It is regretted that ·the circumstances of your case are such that favorable action cannot be taken . You are entitled t-0 have the Board reconsider its decision upon submission of new and material evidence _ within one year from the date of the Board's decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case.	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,
.	I. .
Executive Director

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