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 1 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 the 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 the Marine Corps Counseling and Evaluation Section (MMRP-50), and your rebuttal. 
 
The Board noted that, prior to receiving your application, the Headquarters, Marine Corps Performance Evaluation Review Board corrected your fitness report for the reporting period 1 August 1999 to 30 September 1999.  The Board, therefore, only considered your request to remove your failure of selection to colonel.  The Board noted that the contested fitness report was available for consideration by the promotion selection board, which you contend caused an injustice because you were not selected.  You also argue that you were not selected due to the thin margin of selection to colonel, which is much more discriminating than selection to major and lieutenant colonel, and implicitly contend that, if not for the error in your fitness report, you would have been selected.  
 
The Board, however, substantially concurred with the MMRP-50 AO that the correction to your contested fitness report had an insignificant impact on your total “at-processing” and “cumulative” relative value percentages, or performance numbers, across your entire career.  

Therefore, more likely than not, the change to your record did not constitute a correction significant enough to have potentially altered the promotion board’s opinion. 
 
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, 
 
4/21/2021
Executive Director