Docket No. 3190-20
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.    
 
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 9 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 4 May 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (JPL), the 18 May 2020 AO furnished by Headquarters Marine Corps (MMPR-1), and 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 a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request for promotion to major, backdated to 1 August 2010 with all back pay and allowances, and promotion to lieutenant colonel, backdated to 1 August 2015 with all back pay and allowances.  The Board considered your detailed statement which explained your contentions regarding the unjust and biased decisions made by senior leadership throughout your career and your contended facts regarding the alleged misconduct during your career.  The Board also considered your statement’s emphasis on your exemplary performance and accomplishments throughout your military career.  However, the Board noted you provided the statement and a copy of a promotion warrant but did not include any advocacy letters or supporting documentation for any of the events discussed in your statement.  The Board further noted the adverse material you reference in your statement was removed from your Official Military Personnel Record (OMPF) prior to your retirement so it was unavailable for review.    
 
The Board substantially concurred with the AOs.  In this regard, the Board concluded your promotion to major was properly delayed.  The Board further concluded the Secretary of the Navy (SECNAV), who was authorized to remove your name from the Fiscal Year (FY) 2010 promotion list, properly removed your name after reviewing the command’s recommendations, your statement, and the forwarded case.  Additionally, the Board noted your OMPF did not include adverse material when the FY 2014 Major Promotion Selection Board considered you for promotion and determined there was insufficient evidence of an error or injustice in your failure of selection.  Based on the available evidence, the Board determined there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
The Board noted that you requested, in the alternative, for the Board to forward your correspondence to the SECNAV for reconsideration in light of the additional facts and enclosures.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and under the authority of Title 10 United States Code section 1552, the Board takes action on behalf of the SECNAV.   
 
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,