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NAVY | BCNR | CY2006 | 11161-06
Original file (11161-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100

                                    BJG
                            Docket No: 11161-06
                                     25 January 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2007. 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, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 19 December 2006, a copy of which is attached.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the report of the PERB. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
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 and material evidence or other matter not previously 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,



ROBERT D. ZSALMAN
Acting Executive Director
Enclosure






DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QVANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
          1610
 MMER/ PERB
 DEC 19 2O 05

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
                   -      
(a)     D D Form 149 of 30 Jun 06
         (b)      MCO P1610.7E w/Ch 1 9
1.       Per MCO 1610.11C, the Performance Evaluation Review Board with three members present, met on43 December 2006 to consider contained in reference (a). Removal of the fitness reports for the periods 20040202 to 20041231 (AN) , 20050101 to 20050430 (CD) , 20050731 to 20051228 (TD), and 20051229 to 20060413 (FD) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner contends the reports are unfair because he was unable to eat healthy, nor was he afforded the minimum 3 hours of physical training as prescribed by MCO P6100.12 while on recruiting duty. He also believes that other Marines were out of standards and were not assigned to the Body Composition Program
 (BCP).
3.       In its proceedings, the PERB concluded that the reports are administratively correct and procedurally complete as written and filed. The following is offered as relevant:
a.       Per paragraph 4003.8b of reference (b), a Marine will receive an adverse report for failure of an officially scheduled Physical Fitness Test. Further, per paragraph 2400 of MCO P6100.12, the command will assign members to the Remedial Physical Conditioning Program (RPCP) for failing a semi-annual PFT. After thorough review, the Board found that in regard to the fitness reports covering the periods 20040202 to 20041231 (AN) and 20050101 to 20050430 (CD), the reporting senior properly rendered both reports adverse. The petitioner failed the PFT and refused to take the required PFT to be removed from the RPC~ as stated in the reports. The Board also found that when provided







Subj:    MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

the opportunity to acknowledge the adverse nature of the reports, the petitioner took full responsibility.

 b.       Per paragraph 5001.d(1) of reference (b), when a Marine is assigned to the BCP at anytime during the reporting period, any reports received will be rendered adverse. In regard to the fitness reports covering the periods 20050731 to 20051228 (TD) and 20051229 to 20060413 (FD), the Board found that reporting officials properly rendered the reports adverse. The Board also found that the petitioner does not provide any sufficient evidence to demonstrate that he was improperly assigned to the BCP during the reporting periods. Finally, the Board found that when the petitioner was provided the opportunity to acknowledge the adversity of the reports, once again, he accepted full responsibility for being outside weight standards.
4.       The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness reports covering the periods 20040202 to 20041231 (AN) , 20050101 to 20050430 (CD) , 20050731 to 20051228 (TD), and 20051229 to 20060413 (FD) should remain a part official military record.
5. The case is forwarded for final action.



          Chairperson, Performance Evaluation Review Board Personnel Manageme nt D ivision M anpower and Reserve Affairs Department
 By direction of the Commandant of the Marine Corps









2

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