DEPARTMENT OF THE NAVY 

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


Docket No: 105-17 

OCT l0 2017 


Dear : 
This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

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 application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 19 June 2017. 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, in its review of your entire record and application, carefully considered your 
argument that you were passed for promotion the first year of being eligible, and although you 
only had two years time-in-grade, you were told that you were eligible because there had to be 
two Marines to compete for promotion, and the next year, you were the only officer eligible and 
did not get selected. The Board also considered your argument that standards apparently 
changed. The Board concluded these factors were not sufficient to warrant a promotion to chief 
warrant officer, W5. In this regard, the Board noted that you met time-in-grade eligibility 
requirements for promotion consideration by the FY03 Promotion Selection Board, and your 
eligibility was in keeping with the planned promotion opportunity of 50% for your competitive 
category. Further, the selection standard did not change. Specifically, the standard was for the 
Promotion Selection Board members to select "those officers whom a majority ofthe members 
of the board consider best qualified for promotion. In addition to the standard of best qualified, 
the officers recommended for promotion by the board must be fully qualified; that is, each 
officer's qualifications and performance of duty must clearly demonstrate that the officer would 
be capable ofperforming the duties normally associated with the next higher grade." Finally, the 
Board noted Promotion Selection Board members are not required to select to allocation, and 
determined that a majority of the members of the FY04 Promotion Selection Board did not find 
you fully qualified for promotion. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director