Docket No: 3484-20 Ref: Signature Date Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 30 June 2020. 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, as well as the enclosed 3 May 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50). The Board carefully considered your request to remove your failures of selection (FOS) incurred during the Fiscal Year (FY) 2020 and FY 2021 Colonel (Col/O-6) promotion selection boards. The Board considered your contention that the reporting senior portion of your fitness report for the reporting period 12 June 2000 to 31 August 2000 was changed to “not-observed.” The Board noted that the Marine Corps Performance Evaluation Review Board (PERB) approved the modification to your forementioned fitness report by making the reporting senior portion “not-observed.” The Board also noted the AO’s recommendation to remove your failures of selection because a report with relative values in the bottom third can be cause for non-selection. The AO noted that the majority of your reports throughout your career have been well above average, therefore the report may have skewed board member’s perspective on your competitiveness. However, contrary to the AO’s recommendation, the Board determined that your failures of selection should remain. In this regard, the Board noted, too, that your contested fitness report covered a brief reporting period as a first lieutenant (1stLt) and your record contains additional reports with relative values in the bottom third as a 1stLt and a captain (Capt). The Board observed that your bottom third reports as a 1stLt and Capt did not negatively affect your promotion progression. The Board considered the totality of your performance record and determined that, even after the correction to your performance record, your fitness reports’ relative values and reviewing officers’ comparative assessments largely remained unchanged. Moreover, in accordance with the precepts that convene promotion selection boards, board members are mandated to select the best and fully qualified eligible officers up to the authorized allocation. Further, the precept pertains to both above-zone and in-zone officers. Accordingly, based on the competitiveness required for selection to the grade of colonel and the lack of substantial change to the relative values and comparative assessments of your fitness reports, the Board concluded that, although your record before the FY 2020 and FY 2021 promotion selection boards contained an error that was later corrected, it is more likely than not that you would not have been selected even had your record not contained the error. The Board thus concluded that there is no probable material error or injustice warranting corrective action. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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.