DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8076-20 
Ref: Signature Date 

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 17 August 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 12 February 2021 decision furnished by the Marine Corps Promotions Branch (MMPR-2) 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 for promotion to Staff Sergeant (SSgt/E-6) and to change your reenlistment code from RE-1B to RE-1A. The Board considered your contentions that according to your performance record you exceeded the requirements, and you had the appropriate support and recommendations for promotion. You also contented that based upon your perfect combat fitness report ratings, personal, unit, and combat awards your record was equivalent to those selected for promotion. You claim that you were overlooked for promotion to E-6 although your commanding officer (CO) recommended you for promotion. You also claim that there is clear evidence of negligence with reasonable belief beyond a reasonable doubt considering all factors and accomplishments leading to your CO’s recommendation. 

You further contend that your RE-1B reenlistment code indicates separation with disqualification. You further claim that you were discharged at the end of your enlistment as a result of forced reduction, therefore your reenlistment code should be RE-1A. In response to the AO, you claim that the AO opened the door to bias and racially subjective notions, and you can only infer that unequitable treatment occurred that led to you not being selected for promotion. As evidence, you furnished racial statistics from your selection board results. 

The Board, however, substantially concurred with the AO that your record should remain unchanged. In this regard, the Board noted that you met the requirements for promotion consideration by the 1988 through 1992 SSgt Selection Boards. The Board also noted that your record was properly considered by the Selection Boards and not selected for the Primary Military Occupational Specialty (PMOS) 2537 (Radio Chief). The Board found no evidence of bias, unequitable treatment, impropriety, or that your record was not properly considered for promotion by the 1988 through 1992 SSgt Selection Boards and you provided none. The Board determined that according to the precepts convening promotion selection boards, board members are charged to select the Marines whom a majority of the members consider best qualified for promotion. The Board also determined that the confidentially of the selection board process precludes knowing the exact reasons why you were not selected for promotion. Moreover, the Board relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. The Board found your evidence insufficient to overcome this presumption. 

Concerning your request to change your reenlistment code, the Board noted that according to the Marine Corps Enlisted Career Force Controls (ECFC) Program, the service limitation for sergeants (Sgt/E-5) is ten years or two failed selections to SSgt. Moreover, those Sgts not selected for promotion twice (or more) will be denied further service beyond their existing end of active service (EAS). The Board determined that according to the Marine Corps ECFC Program you were appropriately denied reenlistment for your failed selections and assigned the reenlistment code RE-1B. The Board also determined that according to the Marine Corps Separation and Retirement Manual, Marines assigned the reenlistment code RE-1B are recommended, eligible and requested for retention, but were denied retention by the Commandant of the Marine Corps. Additionally, reenlistment code RE-1B is assigned to Sgts with satisfactory performance records released at their EAS due to ECFC. 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, 
8/31/2021