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

Docket No: 7639-18 
Ref: Signature Date 

Dear  
 
This letter 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 that 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, sitting in executive session, considered your application on 22 October 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, as well as the enclosed 14 August 2019 advisory opinion (AO) furnished by the Marine Corps Enlisted Promotions Branch (MMPR-2).  The AO was provided to you on 19 September 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.   
 
The Board carefully considered your request to reinstate your promotion selection to gunnery sergeant (GySgt)/E-7, effective 1 October 2015, and for retirement as an E-7 with all back pay and allowances.  The Board considered your contention that the revocation of your selection to GySgt was not processed in accordance with MCO 1400.32D, the Marine Corps Enlisted Promotion Manual (MARCORPROMMAN).  You also contend that the Request Mast process and Privacy Act were violated. 
 
The Board noted that a 16 June 2015 command investigation into allegations of fraternization by a chief warrant officer (CWO) concluded that you were involved in an inappropriate relationship with the CWO while your divorce was pending.  Pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were counseled for fraternization and adultery.  The Board substantially concurred with the AO that your commanding officer (CO) complied with the requirements of the MARCORPROMMAN.  In this regard, the Board noted that your CO submitted a naval message to Headquarters Marine Corps (HQMC) regarding his intent to revoke your promotion, your select grade was removed, a detailed report of misconduct was submitted to HQMC, you were afforded the opportunity to review the information and submit a statement, the request to revoke your promotion was routed through the chain of command and approved at each level, and, lastly, the Director, Manpower Management Division, officially revoked your promotion to GySgt.  Concerning your contention that the Request Mast process was violated, the Board noted that, in accordance with chapter 2, paragraph 2 of NAVMC Directive 1700.23F, Request Mast Procedures, commanders may deny a Request Mast if there is another means of redress.  In this regard, on behalf of your commanding general, his chief of staff determined that all proper adverse administrative procedures were followed, you were afforded the rights available to you, and your remaining grievances should be addressed to the BCNR.  Finally, the Board noted that you provided no evidence or argument to support your contention that the Privacy Act was violated.  The Board thus concluded that there is no probable material error or injustice warranting corrective action.   
 
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 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.