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

Docket No: 4482-19 
Ref: Signature Date 

Dear:
 
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 16 June 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 also considered the enclosed 10 April 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 11 August 2016 to 29 September 20165.  The Board considered your contentions that you were taking medications that could have made your weight fluctuate, and that the Career Course staff did not properly measure your height, resulting in their determination that you failed to meet Marine Corps Body Composition Standards.
 
The Board, however, substantially concurred with the PERB.  The AO noted your medical procedure and return to full duty status just prior to the course convening, however, you did not bring your purported physical limiting factors to the attention of Career Course staff until after your height and weight evaluation.  With regard to your contention that the Career Course staff did not properly measure your height, the Board determined that you did not offer any evidence to dispute their methodology.  The fact that your height is rounded up to 66 inches for the majority of your career, and on this report, is obviated by the fact that you reported to school overweight, which triggered a more precise re-measurement to the half-inch metric, with a subsequent determination of 65.5. For the purpose of your official height at the time of your attendance at the Advance Course, the staff’s official measurement supersedes any previous 
measurement.  The Board determined that if your recent medical procedures negatively impacted your readiness for Advance Course attendance, you should have taken personal initiative to surface and properly vet your concerns.
 
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,