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NAVY | BCNR | CY2008 | 02922-08
Original file (02922-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

BUG
Docket No: 2922-08

19 June 2008

 

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 June 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. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), |dated 19 March 2008, 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 did not
concur with the reasons for denial reflected in the report of
the PERB, but did agree that relief should be denied. The Board
observed that if a 6105 counseling entry were given, it should
be reflected on the service record page 11. However, the Board
noted that Marine Corps Order P6100.12, paragraph 6.f, provides
that a 6105 counseling entry will be given when a Marine is not
making satisfactory progress during the Body Composition Program
(BCP) assignment, or when a Marine makes progress but fails to
meet weight and body fat standards at completion of a BCP
assignment, but not upon placement in the BCP. 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,

W. DEAN PF

Executive Diyre r

Enclosure

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