DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204

 
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 1 July 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.  In addition, the Board considered the advisory opinion contained in Headquarters Marine Corps memorandum 1400/3 MMPR-2 of 16 September 2020 and your response to the opinion.   
    
You requested to be promoted to Corporal (Cpl)/E-4 pursuant to 10 U.S.C. 1372(3) dated 1 October 2006.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board could not find nor did you provide evidence that you would have been promoted had it not been for the physical disability that resulted in your transfer to the Temporary Retired List (TDRL) effective 29 January 2007.  A review of your record indicates you were moblized from 1 December 2005 through your transfer to TDRL.  Your composite scores for selection to Cpl/E-4 for the July/August/September 2006 promotion quarter was1513;October/November/ December 2006 promotion quarter was 1574; and January/February/March 2007 promotion quarter was 1595.  However, the respective cutting score for selection to Cpl/E-4 was 1620, 1630 and 1629, thereby rendering you in eligible for promotion.  In this connection, the Board did not concur with the comments contained in the advisory opinion.  
 
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. 
 
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, 
8/26/2021
Deputy Director