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

Docket No: 467-19
Ref: Signature Date 
Dear : 
 
This letter is in reference to your application of 26 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 21 January 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, 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), 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 24 April 2017 to 4 May 2017.  The Board considered your contention that an adverse fitness report was not warranted because you re-injured yourself during your 27 April 2017 physical fitness test (PFT) at Recruiter’s School, and that the injury caused you to fail the crunches portion of the PFT. 
 
The Board, however, substantially concurred with the PERB and determined that the contested report is administratively and procedurally correct as written and filed.  Specifically, you failed to provide any evidence that your PFT failure was caused by any circumstances beyond your direct control.  The Board also concurred with the AO that you were not subject to any physical limitations, nor did you indicate any physical limitations prior to attempting your PFTs, despite knowing what the root cause of your injury.  The Board concurred with the AO that the adverse report is the result of this decision and is not obviated by your past medical history.  
Additionally, the Board noted that you were issued an Administrative Remarks (Page 11) counseling for the failed PFT.  You acknowledged the entry and chose not to submit a written rebuttal.  The Board thus concluded that there is no probable material error or injustice warranting removal of the contested report. 
 
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,