Docket No: 6810-19
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 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 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 2 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, which was previously provided to you. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 2 October 2018 to 8 November 2018.  You received an adverse fitness report due to failing the final Physical Fitness Test (PFT) during Sergeants Course.  You contend that you had back problems during the PFT and thought you had completed 75 crunches; however, the PFT monitor only counted 68 crunches.  You assert that you have never failed a PFT or gotten a third class PFT and that three weeks later, on 12 December 2018, you passed the PFT, completing 115 crunches.  The Board also deliberated your contention that the contested fitness report negatively impacts your competitiveness for promotion. 
 
     The Board noted that the Reviewing Officer (RO) contradicted your assertion that you never failed a prior PFT.  The RO stated, in the RO Addendum page of the contested fitness report, that you failed crunches during an inventory PFT while at Sergeant’s school on 3 October 2018.  The Board further noted that you did not provide any medical evidence showing a condition that would have prevented you from taking the PFT at Sergeants Course.  The Board concurred with the PERB that the contested report is administratively correct and concluded that the report shall remain in your official military personnel file. 
 
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,