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

Docket No:8420-20

         
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 you did not submit your application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 14 September 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.   
 
You enlisted in the Marine Corps June 1985 and commissioned as an officer in March 1989.  After twice failing to select for promotion, you were discharged from active duty in the paygrade of O-3 (captain) in 2000 and joined the United States Marine Corps Reserve.  You retired on 1 December 2010 in the paygrade of O-4 (major).  The Board carefully considered your request to be administratively promoted to lieutenant colonel (O-5).  You argue that your service as a Foreign Affairs Officer (FAO) and as a data communications officer was outstanding, but that your service as a FAO unjustly harmed your ability to promote.  Specifically, you allege that serving as a FAO took you out of your primary Military Occupational Specialty (MOS) and you were unable to compete effectively against your peers in your primary MOS.  Moreover, you contend that current promotion boards are given precepts with specific guidance relating to FAOs that was not provided to the promotion boards you underwent.   
 
The Board noted that you did not meet the qualifications to receive a promotion to the rank of lieutenant colonel.  The Board determined there was insufficient evidence to support your contention that the Lieutenant Colonel Promotion Selection Boards were erroneous or unjust and consequently, you failed to demonstrate any material error to overcome the presumption of regularity to warrant modification of your 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, 
9/24/2021
Executive Director