DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 3132-20 
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. 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 27 April 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 18 May 2020 advisory opinion (AO) furnished by Headquarters Marine Corps Military Personnel Law Branch (JPL), which was previously provided to you, and your rebuttal of 25 August 2020.
 
On 25 May 2016 you were selected to promote to captain from the Fiscal Year (FY) Captain Promotion Selection Board; you were scheduled to promote on 1 October 2017. On 7 April 2017 in ,  you were found unconscious in the street and arrested for public intoxication; you received an Administrative Remarks page 11 counseling on 25 April 2017. The Commanding General (CG),  documented the event in a Report of Misconduct. On 5 January 2018 the Deputy Commandant for Manpower and Reserve Affairs (DC, M&RA) directed your retention, closed the case, and directed adverse material to be placed in your official military personnel file (OMPF). On 13 April 2018 you were released from active duty and on 14 April 2018 you were appointed to the Reserve Active Status list. In all correspondence related to your promotion case, the documents stated that your promotion to captain from the FY18 promotion board was being delayed when it should have stated the FY17 promotion board. On 19 November 2019 the Commandant of the Marine Corps recommended you to be removed from the FY18 Captain Promotion List and on 9 January 2020, the Secretary of the Navy removed you from the FY18 Captain Promotion List. 

The Board carefully considered your request to remove all adverse material from your OMPF, to be promoted in accordance with the FY17 Captain’s Promotion Board, to receive all pay and allowances due from your original date of rank, and to be permitted to petition to return to active duty based on findings of the Career Designation Board. You argue that due to the date error in the promotion delay documents, Headquarters Marine Corps erroneously delayed processing your removal from the FY17 board and unjustly caused you to miss opportunities for review and promotion to captain in the Marine Corps Reserves. 

The Board noted that on 23 June 2020 the Commandant of the Marine Corps submitted an action memo into your OMPF explaining the error and stating that the error was not material to his recommendation as it did not influence the processing of your case nor his consideration of the facts. Furthermore, the memo states that the recommendation to remove you from the promotion list remains and that the record will reflect that you were removed from the FY17 USMC Captain Promotion List. The Board further noted that in accordance with Title 10, an officer who is in a delay or withhold status is not eligible for any other Title 10 Statutory Promotion Selection Board as the officer is still a select from the previous board. This is why you were not eligible for the FY18 and FY19 Captain Selection Board or the FY20 USCMR Captain Promotion Selection Board. Consequently, the Board determined that the adverse material was not unjustly entered and shall remain in your OMPF and your removal from the FY17 USMC Captain Promotion List is valid. 

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, 
5/13/2021 

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