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


Docket No. 2994-18 


Dear 
This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board for Correction of Naval Records (Board) found the evidence submitted was 
insufficient to establish the existence of probable material error or injustice. Consequently, your 
application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 11 June 2019. 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. In addition, the Board considered the advisory 
opinion contained in Headquarters, United States Marine Corps (HQMC) memo 1400/3 MMPR2 
of 7 August 2018; a copy of which was previously provided to you for comment. 

On 27 August 2012, you entered active duty. On 14 September 2015, you were eligible but not 
recommended for promotion to Sergeant for the month of October 2015. On 10 February 2016, 
you were eligible but not recommended for promotion to Sergeant for the month of March 2016. 
On 23 October 2016, you were selected but you were not promoted to Sergeant for the 4th quarter 
of 2016 due to pending legal action. On 23 April 2017, you were selected but you were not 
promoted to Sergeant for 1 May 2017 due to pending legal action. On 12 May 2017, you were 
released from active duty and transfer to the Marine Corps Reserve. 

You requested to be promoted to Sergeant/E-5 effective 1 November 2016. The Board, in its 
review of your entire record and application, carefully weighed all potentially mitigating factors, 
to include your assertions. However, the Board concluded that MCO Pl400.32D states that 
Marines will not be promoted while awaiting a pending court-martial, non-judicial punishment, 
or while pending adjudication of charges by a civil court, either foreign or domestic. In this 
connection, the Board substantially concurred with the comments contained in the advisory 
opinion. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
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 Fonn 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.