DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 5730-10
29 July 2010
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.
You requested completely removing the fitness report for. 1
January to 1 May 2006 and modifying the report for 28 April to
31 December 2006 by removing, from section I (reporting senior’s
*Directed and Additional Comments”), reference to your removal
from the Body Composition Program (BCP).
It is noted that the Commandant of the Marine Corps (CMC) has
directed the requested modification of the report for 28 April
to 31 December 2006, specifically, removing the following:
His efforts to overcome a history of weight control
Have been nothing short of exemplary. He has
indoctrinated an exercise and diet plan that resulted
successful early release from the BCP program, bringing
him well within height and weight standards and greatly
improved his overall military appearance.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 July 2010. 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
reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 8 April and 24 May 2010, copies of
which are 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 concerning the contested report for 1 January
to 1 May 2006. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB
dated 24 May 2010. Accordingly, your application for relief
beyond that effected by CMC 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,
eRe
Executive Director
Enclosure
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