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

Docket No: 10006-19                                                           
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 December 2020.  The names and votes of the panel members 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 the 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 15 October 2019 advisory opinion (AO) furnished by the Headquarters 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 adverse fitness report for the reporting period 11 August 2016 to 29 September 2016.  The Board considered your contentions that the physical fitness test (PFT) was not conducted in accordance with MCO 6100.13, that your reviewing officer (RO) made multiple false statements in the report and regarding his attempt to contact you to review the report, and that the report is in violation of MCO 1610.7A because you were not afforded the opportunity to rebut the adversity of the report. 

The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed. In this regard, the Board determined that, based on your account of the PFT, the designated monitor met the standard of keeping you advised that your pull-ups did not count, regardless of any disagreement after the fact.  Additionally, your RO did not take any action, as described in the Performance Evaluation System Manual, that required him to forward the report to you, but likely did so as a courtesy to you and in an abundance of caution.  

You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,