DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6940-18 Ref: Signature Date Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 13 August 2019. 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, a 19 July 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and applicable statutes, regulations and policies. The AO was provided to you on 19 July 2018, 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. The Board carefully considered your request to remove the fitness report for the reporting period 31 March 2016 to 20 January 2017 or modifying the report by removing the Section A, Item 5a (Adverse) mark; remove Item 7b (Not recommended for Promotion); remove the adverse mark and comment in Section F-3 (Setting the Example); and the Section I comments regarding administrative separation and the assignment to the Marine Corps Body Composition Program (BCP). The Board also considered your contention that you met height and weight standards during the reporting period, were not assigned to BCP, and that items 8e (Weight) and 8f (Body Fat) of the report are erroneous. As part of the review process, the PERB reviewed your request and provided an AO to the Board. The Board substantially concurred with the AO’s finding that the contested report is procedurally correct, but does contain an administrative error. The Board noted that as a result of being outside of Marine Corps height and weight standards, the command initiated your assignment to the BCP for a “third” time. Because of the third assignment, the command began proceedings to process you for administrative separation. The command later recognized an error in your BCP assignment record ,and thus determined the second assignment was actually an extension of the first assignment. Therefore, your assignment to BCP during this reporting period was actually your second assignment to the program, which negated the basis for administrative separation. The Board noted that the Marine Corps has taken corrective action by: deleting the Section F (Leadership) justification comment “and is being processed for administrative separation. She was previously assigned to BCP twice;” deleting the Section I comment, “MRO has previously been assigned twice to the BCP while with from April to October 2013 and December 2013 to March 2014;” and deleting the Reviewing Officer Section K comments “MRO is being processed for administrative separation for her third assignment to BCP,” and “If not for her continuing battle with weight control, MRO would undoubtedly have my recommendation for continued service.” Regarding your contentions that you met height and weight standards during the reporting period, that you were not assigned to the BCP, and that items 8e (Weight) and 8f (Body Fat) of the report are erroneous, the Board concurred with the AO and determined that you were found to be outside of height and weight standards during the reporting period. Based upon your height and weight as documented in items 8e (Weight) and 8f (Body Fat) of the contested report, your height and weight are not within Marine Corps standards. The Board found no evidence, and you provided none, that you were within height/weight standards during the reporting period. Accordingly, your failure to adhere to Marine Corps height and weight standards renders the contested report adverse. The Board concluded the contested report is neither in error nor unjust, and will remain as modified in your record. 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 the 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.