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

Docket No: 9937-19                                                           
Ref: Signature Date 


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 10 December 2020.  The names and votes of the panel members 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 the 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 15 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), and your rebuttal to the AO.
 
The Board carefully considered your request to remove your fitness report for the reporting period 5 January 2015 to 6 January 2015.  The Board considered your contention that the Staff Noncommission Officer (SNCO) Academy incorrectly found you out of Marine Corps height and weight standards.  In support of this contention, you argue that you have never previously or subsequently found to be officially out of standard. 

The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed. In this regard, the Board noted that you do not offer any evidence to suggest that the SNCO Academy violated procedures for ascertaining your height and weight.  In fact, the SNCO Academy changed your height by rounding up an inch from  to  inches, and that actually worked to your advantage, yet you were still outside of acceptable parameters. 

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, 
1/22/2021