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

Docket No: 460-19
Ref: Signature Date 

Dear

This letter is in reference to your application of 25 June 2018 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.
 
A three-member panel of the Board, sitting in executive session, considered your application on 10 December 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, relevant portions of your naval record, and applicable statutes, regulations and policies.  The Board also considered the enclosed 3 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 3 January 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.
 
The Board carefully considered your request to remove your fitness report for the reporting period 2 August 2013 to 27 January 2014.  The Board considered your contentions that the report was issued for a Body Composition Program (BCP) assignment that was incorrectly processed and there is no documentation of your assignment.
 
The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct.  In this regard, at the time your fitness report was processed, your body fat (21%) exceeded Marine Corps standards, rendering the report adverse.  Further, you contend that there is no documentation of your assignment to the BCP; however pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were counseled on 27 January 2014, for unsatisfactory performance while assigned to the Marine Corps BCP.  The counselling stated that, due to insufficient effort, you have not met your weight/body composition reduction goals.  The Board noted that you acknowledged the content and receipt of the entry with your signature.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 

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,