Docket No: 692-20 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 February 2021.  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 16 January 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 16 January 2020, 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 determined that your personal appearance, with or without counsel, would 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. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 January 2017 to 10 June 2017.  The Board considered your contentions that due to your Raynaud’s Disorder diagnosis, the wait time between physical fitness test (PFT) events, and the 55 degree rainy weather, your hands and legs became completely numb and running in those conduction caused pulled muscles in your calves.  You claim that you were diagnosed with Raynaud’s Disorder, a condition that restricts blood flow to your extremities during cold weather.  On 25 May 2017, you completed the run portion of the PFT 33 seconds over the maximum time for the 3 mile run.  You also claim that you accepted responsibility for failing the PFT because you were embarrassed and on 1 June 2017, you passed the run portion of the PFT.  As evidence, you furnished medical documentation. 
 
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 your medical evaluation was conducted more than a year before your PFT and the medical authority released you without any limitations.  The Board also noted that you took full responsibility for failing your PFT because you prioritized your billet responsibilities over physical training.  The Board found no evidence that you informed your command of your medication condition before, during or after the PFT and you provided none.  The Board determined that your evidence is insufficient to conclude that your medical condition caused or contributed to your failure to pass your PFT.  Moreover, the Board determined that the adverse nature of your fitness report is valid.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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, 
2/25/2021
Deputy Director