Dear ,  
 
This is in reference to your application for correction of the naval record of diseased Corporal . pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of his naval record and your application, 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.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 2020.  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 Corporal Koch’s naval record and applicable statutes, regulations and policies. 
 
On 1 June 1942, Corporal entered active duty as a Private in the U.S. Marine Corps, and on 19 July 1944, he was promoted to Corporal with a date of rank of 15 July 1944.  On 23 December 1944, cognizant authority examined and found  qualified for promotion to the rank of Sergeant.  On 20 February 1945,  was killed in action. 
 
You requested posthumous promotion to the rank of Sergeant; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Marine Corps Manual 1940 states that any enlisted man who has qualified for promotion to the next higher grade as prescribed herein shall have an appropriate notation to this effect entered in his service-record book when closed for transfer and signed by the commanding officer, such entry to show the date of qualification for promotion. The entry shall be made under the service-record book heading, “Other Special qualifications.” He shall then be placed on the promotion list at his new post in the seniority his date of qualification indicates.  Promotion lists will be maintained in each organzation for each rank.  Such list should be large enough to meet the prospective requirement for a 6-month period.   was examined per the policy and found qualifed; however there is no evidence or 
record to reflect that he was transferred to next post nor that his qualification date seniority would have led to being promoted prior to date of death.   
      
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 you to 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.