DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 8397-20 
Ref: Signature Date 

 
 
 
 
Dear Major : 
 
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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 31 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.   
 
The Board carefully considered your request for promotion to Lieutenant Colonel (LtCol/O-5).  The Board considered your contentions that you were due for promotion to LtCol, there was erroneous documentation in your record, that documentation caused you to fail selection for promotion, and the documentation has been removed.  You claim that you earned the promotion to LtCol and your fitness reports put you in an outstanding category.  
 
The Board, however, noted that you were properly considered for promotion by the 1966 through 1969 USMC LtCol Promotion Selection Boards, but were not selected.  The Board found no evidence that your purported erroneous documentation was the basis for your failures of selection and you provided none.  Moreover, there are no provisions for the Board to grant promotion to LtCol by operation of law and determined that pursuant to the Marine Corps Officer Promotion Manual you failed to meet the criteria for a Special Selection Board (SSB).  Specifically, you provided no evidence of an administrative error, unfair treatment, material error of act, or absence of material information.  Additionally, you provided no evidence of reasonable diligence to identify the erroneous documents and to correct your record before any of your promotion boards.  The Board also determined that the confidentiality of the promotion board process precludes knowing the exact reasons why you were not selected and the Board can only infer that based upon a majority vote of the promotion board members, your record was not as competitive as the records of those who were selected.  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, 

9/2/2021
Executive Director