DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8233-16 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 January 2017. The names and votes ofthe members ofthe 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 ofthis 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, Marine Corps (MMRP-13) dated 16 September 2016, a copy of which was previously provided to you. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board, in its review of your entire record and application, carefully considered your desire to have your fitness report for the reporting period from 14 June 2014 to 31 December 2014 removed from your record. In this regard, the Board considered your contentions that you were not assigned to the Body Composition Program (BCP) in accordance with Marine Corps policy and that you were diagnosed with chronic hepatitis B, which contributed to your weight gain. The Board concurred with the AO and determined that removal ofthe contested report from your record is not warranted. Specifically, the Board noted that in your rebuttal statement to the contested fitness report, you did opine that your body composition exam and processing to the BCP was not conducted in accordance with policy, but you offered no proof that supports this contention. Further, a Physical Evaluation Board (PEB) found that you are "fit to continue active duty" without limitations. Finally, the Board determined that the contested report is administratively and procedurally correct as written and filed. 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 to have the Board reconsider its decision upon submission of new and material evidence within one year from the date of this letter. 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director