Docket No: 6036-19 
 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 28 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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  The Board carefully considered your request to remove your fitness report for the reporting period 18 July 2004 to 14 December 2004.  The Board considered your contention that prior to reporting to your new command, you were injured during leave, and failed your Physical Fitness Test (PFT).  You claim that you did not inform anyone of the injury because you thought you could pass the PFT, and it was a new three mile course.  You also claim that you passed two subsequent PFTs with first class scores, and your reporting officials provided comments regarding your PFTs. 
 
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 you did not deny failing your PFT, accordingly the Board determined that the adverse nature of your contested fitness report is valid.  The Board determined that you were not disadvantaged by running a new three mile course, and your reporting senior’s reference to two subsequent passing scores on non-official PFT evaluations and your Third Officer Sighter’s comments do not invalidate a documented official PFT failure.  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,