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

Docket No. 6779-19 
Ref: Signature Date 

Dear 

This 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 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, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.   

A review of your record shows that you entered service with the Marine Corps Reserve in February 2004.  You were counselled multiple times during your career for failing to maintain Marine Corps height and weight standards starting in August 2005 until January 2010.  You were also counselled that you were not recommended for promotion after being reduced to paygrade E2 by a Competency Review Board due to unsatisfactory participation in your scheduled drills and failure to pass the Combat Fitness Test.  You were discharged at the completion of your required service on 1 February 2011. 

The Board carefully considered your arguments that you deserve to be reinstated to paygrade E3 at your discharge date.  You assert that you were suffering from mental health and physical conditions that prevented you from meeting Marine Corps standards.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found no evidence in your application that would support a finding that you were unable to participate in scheduled drills due to a physical disability condition.  Based on your history of counsellings and inability to meet Marine Corps standards, the Board concluded that the preponderance of the evidence supports the Marine Corps decision to reduce you in paygrade to E2 for lack of competency.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 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, 


11/25/2019