Docket No: 8397-19 
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 3 November 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 29 August 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 29 August 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 2 October 2018 to 8 November 2018.  The Board considered your contention that your fitness report was rendered adverse for failing your Physical Fitness Test (PFT), although you did not receive a page 11 counseling entry regarding the adverse nature of the report.  You claim that you sought medical attention after the PFT, you were later diagnosed with a partial anterior cruciate ligament (ACL) tear and left knee cartilage defect.  You also claim that the intensity and frequency of the physical activity demanded of you during the Sergeants School contributed to the worsening of your injuries and unsuccessful performance. 
 
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 contested fitness report was rendered adverse for failing the run portion of your PFT.   The Board also noted that the Marine Corps Physical Fitness Program Manual provides that a PFT failure renders a fitness report adverse and a page 11 counseling entry is only required when a Marine has failed consecutive PFTs.  The Board noted, too, that you sought medical attention after the PFT, however, the Board determined that medical consideration in your case is not authorized because you were not injured during your PFT and you did not exercise your right to declare your medical condition prior to participating in the PFT.  The Board thus concluded that there is no probable material error or injustice warranting further 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 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, 
 

12/3/2020
Deputy Director