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

Docket No. 570-20 
Docket No. 8205-20 
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. 

Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your cases on their merits. A three-member panel of the Board, sitting in executive session, considered your applications on 6 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 applications, 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 18 January 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 26 September 2019 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO), as well as the 31 March 2021 Manpower Management Division Promotion Branch, Enlisted Promotions (MMPR-2) AO. The PERB Decision and the AOs were provided to you on 5 April 2021, 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 noted your request to remove or modify three of your Fitness Reports. The Board also noted that the contested 1 October 2007 to 12 December 2007 Fitness Report was removed by the PERB; the contested 1 April 2008 to 30 September 2008 Fitness Report (AR report) and 1 October 2008 to 6 January 2009 Fitness Report (TD report) were modified by the PERB, but not per your petition. The Board therefore carefully considered your request to remove or modify the two reports, as modified by the PERB. Lastly, the Board considered your request to remove all failures of selection and to grant remedial promotion consideration to staff sergeant. The Board considered your contention that your Reporting Senior’s comments appear to be based on a personal evaluation instead of professional. 

The Board, however, determined that the corrective action taken by the PERB to remove your report ending 12 December 2007, and to modify your AR and TD reports sufficiently removed any probable material error, substantive inaccuracy, or injustice from your performance record. Additionally, the Board substantially concurred with the MMPR-2 AO that you did not exercise reasonable diligence to correct your record prior to failing selection by the Fiscal Year 2010 through 2014 Staff Sergeant Promotion Selection Boards. The Board considered that you purportedly were unaware of the proper procedures for correcting the errors in your fitness reports. The Board noted, however, per MCO P1400.32D, the Enlisted Promotion Manual, Marines in a separated status are not eligible for remedial promotion consideration. Accordingly, the Board concluded that removal of your failures of selection and remedial promotion consideration is not warranted. 

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 

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