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

Docket No: 2833-20 
Ref: Signature Date 

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 20 July 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 31 March 2021 advisory opinion (AO) furnished by Headquarters Marine Corps (MMPR-2), which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to backdate your selection to the rank of staff sergeant from the Fiscal Year 2019 (FY19) Staff Sergeant Selection Board (SSSB) to the FY18 SSSB. You argue that you were unjustly considered for the FY18 SSSB because at the time the FY18 SSSB convened, you had an adverse fitness report and a non-judicial punishment (NJP) in your record, which were later removed. The NJP of 14 July 2017 was set-aside on 22 April 2019 and the adverse fitness report was removed on 10 February 2020. 

The Board concurred with the AO that you did not take steps to correct your record until after the FY18 Staff Sergeant Selection Board convened. The Board also noted that you were selected for staff sergeant at the FY19 SSSB with the adverse fitness report still in your record. Consequently, the Board determined your record was properly considered for the FY18 SSSB and your date of rank will remain 1 December 2019. 

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, 
7/28/2021