Docket No: 5580-19 
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 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 23 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, and applicable statutes, regulations, and policies, as well as the enclosed 16 August 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps Secretariat Branch (MIQ), and your response. 
 
The Board carefully considered your request to remove your 14 June 2017 Administrative Remarks (page 11) entry and your 18 September 2017 and 18 October 2017 page 11 6105 counseling entries from your official military personnel file (OMPF).  You also request to remove your assignment to the Marine Corps Body Composition Program (BCP) from the Marine Corps Total Force System (MCTFS) and your fitness report for the reporting period 18 June 2016 to 31 December 2016.  The Board considered your contentions that you were improperly assigned to the BCP, and your OMPF does not contain a counseling entry assigning you to or removing you from the BCP.  You also contend that your rebuttal to your December 2016 BCP assignment was not added to your OMPF, you were not afforded the opportunity to request a waiver for your medical condition, and your BCP assignment was used as the basis for your adverse fitness report.  You claim that your NAVMC 11621, medical screening form was completed by an appropriate health care provider, but it was not added to your OMPF and the medical screening form did not recommend assigning you to the BCP due to an underlying medical condition. 
 
The Board noted that you were issued a page 11 entry counseling you for failure to comply with weight/body composition standards during your first assignment to the BCP.  The Board also noted that pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued two 6105 entries counseling you for failing to make sufficient effort toward meeting your weight/body composition goals.  The Board, however, substantially concurred with the AO that your counseling entries should remain in your record.  Concerning your contentions that your page 11 entries assigning you to and removing you from the BCP and your medical screening form were not added to your OMPF, the Board noted that paragraph 3005.3.q.(2)(c) of MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), provides that commands are  “not to make separate entries for assignment to or removal from the weight control/military appearance program.  The assignment and removal entries reported in MCTFS, and entries made in the individual’s health record are considered sufficient to satisfy all recording and documentation requirements. . .  There is no requirement, other than the MCTFS entry, to record a Marine’s removal from the weight control/military appearance program.” 
 
The Board determined that your reliance upon the reference in your rebuttal is misguided, your command was not required to include a page 11 entry for your assignment to or removal from the BCP.  Moreover, information documented in your medical record and BCP folder are not retained in your OMPF. 
 
Concerning your contention that your rebuttal was not added to your OMPF, the Board noted that you chose not to submit rebuttal statements when issued each of your contested counseling entries, and thus determined that you were aware and acknowledged the basis for the counseling entries.  Further, the Board found no evidence of a December 2016 counseling entry or rebuttal statement, and you provided none. 
 
Concerning your contention that you were not afforded the opportunity to request a waiver for your underlying medical condition and an appropriate health care provider did not recommend that you be assigned to the BCP, the Board noted that paragraph 4.c.(4).(a) of MCO 6110.3A, the Marine Corps Body Composition and Military Appearance Program  provides that “a BCP medical waiver may only be recommended by a physician (board eligible or certified specialist)” and the inability to exercise is not a valid reason for a BCP waiver, thus you were not eligible for a waiver.  The Board also noted that your Third Officer Sighter (TOS) sufficiently adjudicated your concerns.  In this regard, your TOS noted that your BCP folder contained all relevant information, you were screened by competent medical authority that determined your weight gain was due to an underlying cause or disease, and that additional medical testing/evaluation was required.  The Board noted, too, that the civilian medical authority failed to provide a BCP recommendation, therefore an updated medical screening was requested, and a board certified board eligible military physician recommended your assignment to the BCP.  The Board relies on a presumption of regularity to support the official actions of public officers and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board determined that your assignment to the BCP was conducted in accordance with MCO 6110.3A and the IRAM. 
 
The Board also determined that your counseling entries were issued in accordance with the IRAM, specifically, your 6105 entries provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action, they afforded you the opportunity to submit a rebuttal, and your commanding officer (CO) signed the entry.  Moreover, the entries create a permanent record of matters your CO deemed significant enough to document, and as your CO, he was well within his authority to issue the counseling entries. 
 
Regarding your request to remove your fitness report for the reporting period 18 June 2016 to 31 December 2016, the Board determined that you have failed to exhaust all available administrative remedies.  In accordance with MCO 1610.11D, the Marine Corps Performance Evaluation Appeals Manual, you must submit a request to the Marine Corps Performance Evaluation Review Board for adjudication.  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,