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

Docket No: 1085-19 
Ref: Signature Date

Dear

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.

A three-member panel of the Board, sitting in executive session, considered your application on 20 August 2019.  The names and votes of the members of the panel 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 this 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, and applicable statutes, regulations, and policies. The Board also considered the enclosed Headquarters, Marine Corps (MMRP-50) advisory opinion (AO).

The Board carefully considered your request to adjust your lieutenant colonel date of rank (DOR) to the date you would have received had you been selected by the Fiscal Year 2019 (FY19) USMC Lieutenant Colonel Promotion Selection Board. The Board considered your contention that you would have been selected by the FY19 Promotion Selection Board, if not for a material omission from your record—that is, your Joint Professional Military Education (JPME)-complete status on your master brief sheet (MBS). The Board considered your contention that you unsuccessfully attempted to remedy the error. You assert that an earlier panel of this Board (NR20180003120) removed your FY19 failure of selection (FOS) due to an “injustice” and determined that the “administrative error likely deprived [you] of a fair and impartial consideration for promotion.” You also assert that “PME Complete” was finally added to your MBS, and that, with an otherwise nearly identical record, you were selected for lieutenant colonel by the FY20 promotion selection Board.

The Board noted that you were eligible for and failed selection by the FY19 USMC Lieutenant Colonel Promotion Selection Board, despite your submission of material identifying the error on your MBS and evidence of your completed PME. That FOS was removed, and you were considered “in-zone” and selected for promotion by the FY20 USMC Lieutenant Colonel Promotion Selection Board.

The Board considered the AO’s conclusion that it is possible you would have been selected by the FY19 Promotion Selection Board, and its explanation that, undoubtedly, the lack of PME displayed on your MBS significantly contributed to your FOS. The AO noted, however, that determining the likelihood of your selection by the FY19 promotion selection board is difficult. The AO noted in particular that, other than one sub-par report from a combat deployment, your performance evaluations were all numerically in the middle third of reports (i.e., average), and most contain recommendations for promotion. Given your record, you would have been one of the majority of officers who could be described as “competitive.”

The Board noted, however, that your record, as reviewed by the FY20 promotion selection board, was not “nearly identical” to the record considered by the FY19 promotion selection board. Notably, you were issued a fitness report with a relative value (RV) of “100” at processing, reflecting the highest fitness report average of any report written by that reporting senior on a Marine of your grade. This report, as viewed by the FY20 Board, also had the highest RV of any of your previously issued in-grade reports. The Board also noted that your performance record was improved by the addition of commendatory material after the FY19—but before the FY20—promotion selection board and an additional year in grade. Finally, the Board noted that you had the additional benefit of another in-zone consideration.

The Board determined that your contention that your FY19 FOS was due to a material error of omission, and that, had your record not been in error, you would have been selected, is speculative. The Board thus concluded that an adjusted DOR in the grade of lieutenant colonel is not warranted. The Board recommended that you petition for consideration by a FY19 special selection board through Headquarters, Marine Corps (MMPR-1).

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 matters, which will require that you 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,