DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6109-07
5 December 2008
This is in reference to your application dated 3 April 2007 with
enclosures and endorsement dated 11 May 2007, seeking
reconsideration of your previous application for correction of
your naval record pursuant to the provisions of title 10 of the
United States Code, section 1552. Your previous case, docket
number 3328-06, was denied on 26 October 2006,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 December 2008. 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, and the Board's files on your prior
cases, docket numbers 8582-05 and 3328-06. In addition, the
Board considered the memorandum from the Headquarters Marine
Corps Performance Evaluation Review Board, Personnel Management
Division (MMER), dated 27 June 2007, 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 memorandum from
MMER. The Board found the mark in section A, item 7.b
(“Recommended for Promotion - No”) of the contested fitness
report was properly based on your noncompliance with physical
standards, not your medical condition. The Board found it a
harmless error that the reporting senior’s (RS‘'s) wording
concerning this mark did not exactly match any of the options
prescribed in the applicable directive. The Board found the
RS's comments adequately explained the entry of “NMED” (did not
take or complete physical fitness test (PFT), not medically
qualified) in section A, item 8.b (“PFT”). The Board noted that
the statement of Master Gunnery Sergeant Y--- dated
6 December 2006, enclosure (8) to your letter of 3 April 2007,
reflects you did not retake the PFT and receive a first class
score of 219 until 22 November 2004, well over 30 days after you
had been found to be out of compliance with weight/body fat
standards. Finally, the Board further noted that even if you
had achieved that score on 27 August 2004, when you were
medically cleared, the PFT still would have been over 30 days
after your body composition was measured, so you still would not
have been in compliance with weight/body fat standards for the
reporting period in question. In view of the above, your
application has again 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,
Lo BrGQ
W. DEAN PFEIF
Executive Dire¢ter
Enclosure
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