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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 2 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 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.  In addition, the Board considered the advisory opinion contained in Headquarters Marine Corps memorandum 1610 MMRP-12/BCNR of 20 January 2021, which a copy was previously provided to you for comment.   
 
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. 
 
You requested to correct your rank to Corporal on your DD Form 214, Certificate of Release or Discharge from Active Duty.  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 your promotion warrant to the rank of Corporal was in the Reserves and was effective on 1 October 2006, after your 26 August 2006 release from active duty.  Therefore, correction to your active duty DD Form 214 is not warranted.  Furthermore, the Board noted that a DD Form 214 is only issued for active duty service, thus your grade of E3 reflects the proper grade at the time your DD Form 214 was issued.   
 
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.   
 
Sincerely,