DEPARTMENT OF THE NAVY  
BOARD FOR CORRECTION OF NAVAL RECORDS  
701 S. COURTHOUSE ROAD, SUITE 1001  
ARLINGTON, VA 22204-2490  
 
Docket No: 3394-17  
SEP 26 2017  

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of title l 0 ofthe United States Code, section 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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, relerant 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 desire to remove the failure ofselection (FOS) you incurred by the FY18 USMCR (AR) Major Promotion Selection Board. The Board considered your argument that you were not counseled on the option to request deferment ofeligibility and therefore, not afforded the opportunity to obtain active-duty experience, qualifications and significant evaluation before being considered by the Promotion Selection Board. The Board determined that removal of the FY 18 FOS is not warranted. In this regard, the Board noted that while serving in the AR Program, you were not placed on the Active Duty List (AOL), but remained on the Reserve Active Status List. Deferred eligibility is only applicable to AOL boards convened under Chapter 36 ofTitle 10, U.S. Code. Therefore, you did not meet the requirements for deferment of eligibility. 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 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, 

Executive Director