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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 26 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.  The Board also considered the 4 May 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (MMPR-2) and your rebuttal. 
 
The Board carefully considered your request to backdate your promotion to Staff Sergeant (SSgt) from the date of the Fiscal Year (FY) 2019 SSgt Promotion Selection Board to the date of the FY 2017 SSgt Promotion Selection Board.  The Board considered your contention that adverse material in your record at the time of the FY 2017 and FY 2018 boards may have prevented your selection.  Specifically, your record at the time of the selection boards reflected your receipt of nonjudicial punishment (NJP) on 14 July 2017.  The NJP was subsequently set aside on 22 April 2019.  On 1 November 2019, you promoted to SSgt and now contend your selection date should be backdated now that the NJP has been set aside.   
 
The Board, however, noted the company commander did not set aside the NJP because it was in error or unjust but because you were a “good Marine at heart” and had “performed well above my expectations despite this set back.”  The Board determined it was not an error or injustice for the FY 2017 and FY 2018 SSgt Selection Boards to consider the NJP.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,