Dear  
 
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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 9 February 2021.  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 10 October 2019 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 2010 to 5 March 2010 from your Official Military Personnel File (OMPF).  The Board considered your contention that the contested fitness report is invalid as you were not formally assigned to the USMC Body Composition Program and the report was used as a form of counseling in violation of the Performance Evaluation System (PES) manual. 
 
The Board noted that the PERB modified the contested fitness report by removing the following verbiage:  in Section F, “and is currently assigned to the formal Body Composition Program,” Section I, “due to assignment to the Body Composition Program,” and Addendum, “His failure in the Body Composition Program is a reflection of his inability to prioritize and execute based on those priorities.  Repeated attempts to solve this problem have culminated in focused 
Command attention in the Body Composition Program.  This adverse report annotates his failure to successfully execute or show potential to successfully execute the BCP.”   
 
The Board determined that, with these corrections, removal of the report is not warranted as the report properly documented that you were outside of acceptable standards for body fat percentage and the report did not violate the PES manual.  The Board concurred with the PERB that the contested report, as modified, is administratively correct and concluded that the modified report shall remain in your OMPF. 
 
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,
 
2/18/2021
Executive Director