Docket No: 5616-20 
 		 

 
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.     
 
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 21 May 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 7 August 2020 advisory opinion (AO) furnished by the Headquarters, Marine Corps (MMRP-50).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your “two failures of selection” (FOSs) but noting you incurred FOSs during the Fiscal Year (FY) 2020, FY 2021, and FY2 2022 USMC Lieutenant Colonel Promotion Selection Boards, the Board considered all three FOSs.  The Board considered the Performance Evaluation Review Board’s (PERB) modification of your fitness report for the reporting period 1 May 2007 to 10 September 2007.  Specifically, the PERB directed section A item 3c be changed to “A” vice “N”, section K-1 be marked “insufficient,” and all K-2 and K-3 marks and K-4 comments removed. 
 
The Board, however, substantially concurred with the AO’s substantive comments that your FOSs should not be removed.  In this regard, the Board concurred that the minor change, on a fitness report from 2007, was unlikely to have impacted your selection to lieutenant colonel.   
The Board determined the corrections to your record were not substantive enough to have altered the promotion board’s decision.  The Board concluded that, although your record before the FY 2020, FY 2021, and FY 2022 promotion selection boards contained errors, it did not amount to a probable material error 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, 
6/2/2021
Executive Director