Docket No: 5611-20 

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.    
 
A three-member panel of the Board, sitting in executive session, considered your application on 8 June 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, as well as the 1 September 2020 advisory opinion (AO) furnished by the Marine Corps Office of Legal Counsel (JPL) and your response.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
The Board carefully considered your request remove your 16 March 2020 correspondence revoking your promotion to Gunnery Sergeant (GySgt/E-7) and your request to reinstate your promotion to GySgt.  The Board considered your contention that you were not afforded the opportunity to review the Commanding Officer, Marine Corps Communications Electronics School (CO, MCCES) recommendation to revoke your promotion and to provide a statement.  You also contend that the CO,  recommendation was submitted after your promotion delay period, therefore, the justification for his recommendation needed to be based upon your conduct and performance during the delay period.  You claim that your inability to provide a statement and the lack of justification was a violation of the Marine Corps Enlisted Promotions Manual.    

The Board, however, substantially concurred with the AO that you have failed to demonstrate that the inclusion of your contested correspondence was in error or unjust and that the revocation of your promotion was improper.  In this regard, the Board noted that you were arrested and subsequently found guilty of Driving Under the Influence (DUI) by the  Superior Court on 6 June 2019.  The Board also noted that concurrent to your conviction for DUI, you were selected for promotion to GySgt, and your chain of command elected to request to delay your promotion for 12 months.  On 27 August 2019, their request was approved by the Commandant of the Marine Corps (CMC).  On 14 November 2019, the Commanding Officer, Air Control Training Squadron (CO, ACTS) recommended that your appointment to GySgt be delivered upon conclusion of the 12 month delay, the CO, and Commanding General,  recommended that your promotion be revoked.  On 16 March 2020, the CMC revoked your promotion based upon your conviction for DUI.  The Board determined that the CO, recommendation was not a violation of the Marine Corps Enlisted Promotions Manual, his loss of confidence in your ability to set the example and lead Marines after being convicted of DUI was sufficient justification to revoke your promotion.   
 
Concerning your opportunity to review the endorsement and submit a statement, the Board noted that you were afforded the opportunity to submit a statement.  The Board determined that your inability to review the CO,  endorsement and submit a statement before it was forwarded to the CG, was not an error or injustice.  Moreover, your response to the endorsement was submitted prior to the CMC prior to his decision, therefore, your matters were considered by the CMC before rendering his decision.  The Board also determined that you were afforded due process, the Enlisted Promotions Manual does not provide a chronological requirement for responses, it only provides that you must have an opportunity to review correspondence and make comments before the CMC makes a decision.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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, 
 
                                                                                               6/17/2021
Executive Director