Docket No: 9925-19 
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 1 December 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 15 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 15 October 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 1 October 2011 to 1 June 2012 and your 26 October 2011 Administrative Remarks (page 11) assigning you to the Body Composition Program (BCP).  The Board considered your contentions that you were not formally assigned or placed on the BCP during the duration of the reporting period and you were not given a 60-day action plan or letter of caution prior to being formally assigned.  You also contend that you were not provided an opportunity to make a statement on the page 11 entry and the date of the page 11entry does not coincide with the date of the weigh-in listed on the fitness report. 
 
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 section A, item 8.f of your fitness report indicates that in accordance with the Marine Corps Body Composition and Military Appearance Program Manual you exceeded the body fat standard for your age group and gender.     The Board also noted that the Marine Corps Performance Evaluation System (PES) Manual provides that a report is adverse if the body fat percentage is greater than the maximum allowed, even if you were not formally assigned to the BCP.  The Board determined that your fitness report was appropriately rendered adverse.  During a review of your record, the Board noted that your contested page 11 entry was not on file.  Accordingly, the Board 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 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,