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

Docket No: 1267-20  

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

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 4 March 2021. 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 the 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, as well as applicable statutes, regulations, and policies. The Board also considered the 4 August 2016 advisory opinion (AO) previously furnished by the Marine Corps Promotion Branch, Enlisted Promotions (MMPR-2), and the 26 May 2016 AO previously furnished by the Military Personnel Law Branch (JPL), as well as your rebuttal. 

The Board determined that your personal appearance, with or without counsel, would 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. 

The Board carefully considered your request to restore you Fiscal Year (FY) 2014 selection to E-7/Gunnery Sergeant, along with all property, privileges, and rights affected by its deletion, and for remedial consideration by the FY 2017 E-8 promotion selection board. The Board did not consider your request for it to formally correct, in writing, any and all claims it made that you admitted to guilt of fraternization, as this request does not allege an error or injustice in your record to be corrected or removed. 
 
The Board considered your contention that the Board incorrectly and improperly concluded for your prior case (NR20160000498) that you admitted to the alleged fraternization, despite the fact that you have never been legally charged, tried, or convicted of fraternization by your command or any convening authority. You also argue that the JPL AO incorrectly determined that your delayed promotion to gunnery sergeant/E-7 was a “harmless error” and that the MMPR-2 AO recommended that you be promoted with the date of rank you would have received had you not been administratively reduced. You also assert that you have never had the opportunity to defend yourself in a proper legal setting but instead had to defend yourself at an unjust Competency Review Board (CRB) or unjust BCNR decision of guilt. 

The Board, however, substantially concurred with the JPL AO that your delayed promotion to gunnery sergeant/E-7 was a “harmless error” because the error was not sufficiently significant to change the ultimate outcome of your promotion revocation. Specifically, the Board noted that, on 4 August 2016, your commanding officer recommended that your retroactive appointment to gunnery sergeant be revoked due to lack of leadership, self-discipline and judgement, noting that your actions were not in line with “living and embracing” the core values or what is expected of a staff noncommissioned officer or a noncommissioned officer. 

Additionally, your Regimental Commander determined that you were not qualified for promotion due to the lack of confidence, integrity, and trust in your abilities to assume greater responsibility of military leadership and society. The Board determined that even if you were not pending legal matters or did not appear before a CRB, your chain of command did not have the necessary trust and confidence in order to endorse your promotion to gunnery sergeant. The Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 

You are entitled to have the Board reconsider its decision upon the 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. 

Sincerely, 
3/22/2021 

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