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

Docket No: 7198-18 
Ref: Signature Date 


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 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 27 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 9 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), a copy of which was previously provided to you, and applicable statutes, regulations, and policies.
     
The Board carefully considered your request to remove your fitness report for the reporting period 1 April 2016 to 13 November 2016.  The Board considered your contentions that you did not receive a medical screening, nor did you have blood drawn to determine if you had an underlying medical condition affecting your weight before your assignment to the Body Composition Program (BCP).  You also contend that the fitness report should be marked “commendatory” for a Letter of Appreciation received 5 April 2014. 

The Board noted that the NAVMC 11621, Body Composition Program (BCP) Evaluation Form contains a 2 March 2016 flight surgeon finding that, “weight gain not due to an underlying cause or disease, fit for assignment to BCP limitations.” The Board also noted that both you and the Commanding Officer signed the BCP Evaluation Form on 4 April 2016, thus acknowledging the flight surgeon’s finding.  The Board therefore determined that your contention is without merit. Further, the Board noted that the reporting senior did not recommend you for promotion and provided justification for the adverse mark “Setting the Example”. In accordance with the Performance Evaluation Systems (PES) Manual, you must maintain the standards for appearance, weight and uniform wear during the reporting period.  The Board, therefore, concurred with the AO that the contested fitness report was duly rendered adverse.  With regard to your contention that the report should be marked “commendatory, the Board noted that while the contested report is not marked commendatory, the subsequent fitness report was marked commendatory.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   

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 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, 


9/24/2019