Docket No: 5993-19 
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. 
 
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 7 July 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 21 May 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 21 May 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 14 January 2018 to 21 June 2018 and to remove any page 11 counseling entries related to your Body Composition Program (BCP) assignment.  The Board considered your contention that you were over your maximum weight due to limited cardio activity.  You claim that after knee surgery and 21 days of convalescent leave, you were required to weigh-in.  You also contend that you requested a BCP waiver, but were informed that you did not meet the requirements, and prior to your assignment, you were not screened by a medical professional.  As evidence, you provided a statement from a Medical Officer, noting that due to administrative error you were seen in the incorrect clinic, which negatively affected your follow up care and potentially exacerbated your recovery and ability to engage in exercise. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that in accordance with Marine Corps Order (MCO) 6110.3A, the Marine Corps Body Composition and Military Appearance Program order, the inability to exercise is not a valid reason for a BCP waiver.  The Board determined that you were not entitled to a waiver, and a waiver would not have precluded you from receiving an adverse fitness report for being out of weight standards.  The Board found no evidence that you were not screened by a medical officer prior to your assignment to the BCP and you provided none.  Therefore, the Board relied upon the presumption of regularity to support the official actions of public officers and determined that your commanding officer and reporting officials properly discharged their duties by assigning you to the BCP and issuing your adverse fitness report.  Lastly, the Board found no evidence of page 11 entries related to your BCP assignment in your OMPF.  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,