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 15 June 2020 advisory opinion (AO) furnished by Headquarters Marine Corps Manpower and Reserve Affairs Department (MMPR-2), which was previously provided to you, and your rebuttal of 18 April 2021. 
 
You were selected to gunnery sergeant by the Fiscal Year (FY) 2016 Promotion Selection Board, and promoted with a 1 October 2016 date of rank (DOR).  The Board carefully considered your reconsideration request to adjust your gunnery sergeant DOR to the date you would have been promoted had you been selected by either the FY 2014 or FY 2015 USMC Gunnery Sergeant Promotion Selection Board.  The Board considered your contention that you would have been selected by either board if not for a material error in your record; an Administrative Remarks (page 11) counseling entry.  You included with your petition, Marine Administrative Messages (MARADMIN), and FY 2014 and FY 2015 Gunnery Sergeant Promotion Selection Board debriefs as evidence that you were intentionally not selected for promotion due to the page 11 counseling entry in your record. 

As noted in the Board’s previous decision of 16 April 2020, the page 11 and rebuttal were in your official military personnel file (OMPF) when you were selected to gunnery sergeant by the FY 2016 Gunnery Sergeant Promotion Selection Board.  The MARADMIN and FY 2014 and FY 2015 Gunnery Sergeant Promotion Selection Board debriefs are insufficient evidence to support the finding that you would have been selected by the FY 2014 or FY 2015 had the page 11 and rebuttal not been in your OMPF. 
 
You further contend that you acted in due diligence to correct your record in a timely manner prior to the FY 2014 and FY 2015 selection board convene dates and thus warrant consideration for remedial consideration in accordance with MCO P1400.32D CH 1-2.  The Board noted you requested and received remedial promotion consideration to gunnery sergeant by the Enlisted Remedial Selection Board (ERSB) for the FY 2015 Gunnery Sergeant Selection board on 24 September 2015; you were not selected at that board.  Consequently, the Board determined that your request for a remedial selection is not warranted. 
 
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
Executive Director