DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1967-19 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 17 March 2020. 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, as well as applicable statutes, regulations, and policies. The Board carefully considered your request to remove your 18 July 2018 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF). The Board did not consider your request to also remove your fitness report (22 May 2018 to 17 August 2018) because you did not first exhaust all available administrative remedies by petitioning the Marine Corps Performance Evaluation Review Board (PERB) before petitioning this Board. The Board considered your contention that the issuance of a 6105 Page 11 entry counseling you for your assignment to the Remedial Conditioning Program (RCP) outside of formal assignment to the Body Composition Program is in direct contradiction of protocol and the stated intent of the RCP, as published in Battalion Order 6100.1D for RCP. The Board noted that you were issued the Page 11 entry counseling you for failing your 18 July 2018 physical fitness test (PFT). The entry advised you that “you will be” assigned to a remedial conditioning program. You acknowledged (signed) the entry and did not submit rebuttal. The Board determined that your Page 11 entry does not counsel you regarding assignment to the RCP, but, instead, that you will be assigned to the RCP. The Board determined that the entry is not in direct contradiction of protocol and the stated intent of RCP, as you contend. The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF. 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 the 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, 4/21/2020