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

Docket No: 9871-18                                                           
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 17 September 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 carefully considered your request to remove your 8 December 2017 Administrative Remarks (Page 11) counseling entry.  The Board noted that you were issued the counseling entry because you were restricted from promotion to sergeant (Sgt)/E-5, in accordance with MCO P1400.32D, the Marine Corps Promotion Manual (MARCORPROMAN), for not meeting height and weight standards. 

The Board considered your contention that the counseling entry is erroneous.  You submitted an advocacy letter from your first sergeant (1stSgt) stating that you were never identified or documented as a candidate for the Body Composition Program (BCP), that the Page 11 is vague and does not note that you exceed height and weight standards, and that there is no evidence documented through your battalion S-3.   

The Board noted that, at the relevant time, you were in a promotion restriction status resulting from your failure to adhere to Marine Corps height and weight standards, as required by paragraph 1204.3x of the MARCORPROMAN.  The Board also noted that, under paragraphs 1-4b(1) and 1-4c(3) of MCO 6110.3A, you were properly counseled via a Page 11 entry regarding your promotion restriction status resulting from your failure to adhere to Marine Corps height and weight standards, even though you were not then assigned to the Body Composition Program.  You chose not to submit a rebuttal, and the Board found no evidence that you were within height and weight standards when the Page 11 entry was issued.  Further, the Board determined that your decision not to submit a rebuttal indicates that you acknowledged the reason for the counsel entry and did not object to its basis.  The Board also determined that the entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification that you were not recommended for promotion, you were afforded the opportunity to rebut the contents of the counseling, as evidenced by your signature, and your commanding officer signed the counseling entry.  Finally, the Board determined that, although not applicable to a Marine of your grade at the time, the mention of a Section I comment in the disputed entry is a harmless error.  (Paragraph 1-4c(3) of MCO 6110.3A provided that “If a performance evaluation is due during the period of BCP processing, the Marine’s HT/WT/BF percentage data will be accurately reported and a statement will be included in the report that the Marine is being evaluated for assignment to BCP.”) Accordingly, the Board concluded that the contested counseling entry is neither in error nor unjust, and will remain unchanged 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 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, 


10/15/2019