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

Docket No: 7296-18 
Ref: Signature Date 

Dear  
 
This 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 22 October 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, and applicable statutes, regulations, and policies.  The Board also considered the enclosed 23 August 2018 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.       
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 January 2017 to 15 November 2017.  The Board considered your contention that, before detaching from your former unit, you were told that you would not receive an adverse fitness report as a result of a failed physical fitness test (PFT) during the reporting period that you retook and passed two days later.  However, after you reported to your new command, you discovered that, on 18 December 2017, your reporting senior (RS) issued your adverse report.  You assert that you were never formally counseled for your PFT failure.   
 
The Board noted that the report contained a correctable administrative error, and the Marine Corps’ course of action was to remove the following comment from Section K-4 (Reviewing Officer Comments):  “Aside from his failure on the PFT during this period, he is comfortably in the top half of Marines in his field.”   
 
The Board also noted that the advocacy letter you furnished attests to the fact that you were told by your RS that you would not receive an adverse report due to the failed PFT.  The Board, however, substantially concurred with the AO that, if a Marine fails a scheduled PFT during the reporting period, but the PFT is not the last result entered into the Marine Corps Total Force System during the reporting period, the RS “must comment on the prior failure in Section I, and that the failure of a scheduled PFT constitutes adversity.”  The Board noted that, pursuant to Marine Corps policy, your contested adverse report was due to Headquarters, Marine Corps, within 60 days, and although late reports are unacceptable, they do not render a fitness report invalid.  The Board thus concluded that the report, as modified by the PERB does not constitute 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.