DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9-16 
FEB i 3 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. 1552 
(b) MCO P1070.12K 
Encl: (1) DD Form 149 w/attachments 
(2) HQMC memo 1070 MIQ dtd 21Dec15 
(3) Petitioner's rebuttal letter w/attachments dtd 14 Jan 16 

1. Pursuant to the provisions ofreference (a), Petitioner, a gunnery sergeant in the U.S. Marine 
Corps, filed enclosure (1) with this Board requesting that his fitness report covering the period 
from 20150623 to 20150624, be removed from his Official Military Personnel File (OMPF). 
Enclosures (1) through (3) apply. 

2. The Board, consisting of reviewed Petitioner's 
allegations oferror and injustice on 14 November 2016, and pursuant to its regulations, 
determined that the corrective action indicated below should be taken on the available evidence 
ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval 
records, and applicable statutes, regulations, and policies. In addition, the Board considered 
enclosure (4) furnished by Headquarters Marine Corps (MMRP-13/PERB) a copy of which was 
previously sent to Petitioner on 21December2015 and enclosure (3) submitted by Petitioner in 
rebuttal. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of 
error and injustice finds as follows: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department ofthe Navy. 

b. Enclosure (1) was filed in a timely manner. 

c. Enclosure (3), submitted by the office having cognizance over the subject matter 
addressed in Petitioner's application, commented to the affect that Petitioner's request to remove 
the fitness report does not warrant favorable action because the contested report is 
administratively and procedurally correct as written and Petitioner failed to meet the burden of 
proof necessary to establish an inaccuracy or injustice warranting removal. 

d. After reviewing the record and documentation provided by the Petitioner, the Board 
noted Petitioner has never failed his height, weight, and body composition measurements. 32 of 
34 fitness reports show Petitioner measured as 76 inches tall vice 75 inches tall which was the 
height measurement on the contested weigh-in. Four other weigh-ins, at the same time, showed 
Petitioner within standards. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, the Board concludes that 
Petitioner's request warrants favorable action. 

Petitioner met the burden of proof necessary to establish an inaccuracy or injustice warranting 
removal ofthe contested report. Specifically, the StaffNoncommissioned Officer (SNCO) 
Academy did not accurately measure Petitioner's height or calculate his body fat percentage. 
Petitioner's command accurately measured and calculated Petitioner's body fat percentage, and 
Petitioner was within standards at the time ofSNCO Academy's weigh-in. 

In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected by removing the following enlisted fitness 
report and related material. 

Date ofreport Reporting senior Period of report 20150630 From: 20150623 to 20150624 

b. That there be inserted in Petitioner's naval record a memorandum in place ofthe 
removed report, containing appropriate identifying data concerning the report; that such 
memorandum state that the report has been removed by order ofthe Secretary ofthe Navy in 
accordance with the provisions offederal law and may not be made available tO selection boards 
and other reviewing authorities; and that such boards may not conjecture or draw any influences 
as to the nature ofthe report. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the matter. 

5. The foregoing action ofthe Board is submitted for your review and action. 
Executive Director