Docket No. 5937-20
Ref: Signature Date  
 
 
 :  
 
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 applications on 8 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the 16 November 2020 Advisory Opinion (AO) provided by the Manpower and Reserve Affairs Department Promotion Branch (MMPR-2).  The AO was provided to you on 7 December 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to backdate your date of rank in the grade of first sergeant.  The Board considered your contentions that you failed selection for promotion by the Fiscal Year (FY) 2016 Sergeant Major Through Master Sergeant Staff Noncommissioned Officer Promotion Selection Board due to an Annual (AN) Fitness Report that the Marine Corps Performance Evaluation Review Board (PERB) removed from your record on 24 October 2016, a year after the convening of the FY 2016 promotion selection board.      
The Board, however, substantially concurred with the AO that you did not detail the steps taken to ensure the completeness and accuracy of your official record prior to the convening of the FY 2016 promotion selection board, as required by the Marine Corps Promotion Manual, Volume 2, Enlisted Promotions.  The Board also noted that the AN Fitness Report was inserted into your official record on 16 March 2016, and it was not available for consideration by the FY 2016 promotion selection board.  The Board also noted that the AN Fitness Report was ultimately removed by the PERB and not available for consideration by the FY 2017 promotion selection board, which did select you for promotion.  The Board thus determined that you did not sufficiently demonstrate that the absence of the AN Fitness Report from your official record caused your FY 2016 failure of selection, and concluded that granting a back date of rank is not warranted.  The Board also concluded that an Enlisted Remedial Selection Board is not warranted due to your lack of due diligence in ensuring your record was complete and accurate prior to the convening of the FY 2016 promotion selection board.     
 
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, 

7/20/21

Executive Director