Docket No: 10585-19 
Ref: Signature Date 

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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

A three-member panel of the Board, sitting in executive session, considered your application on 2 June 2020.  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 16 February 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50). 

The Board carefully considered your request to remove your failures of selection (FOS) incurred during the Fiscal Year (FY) 2017 through FY 2021 Major (Maj/O-4) promotion selection boards and to be considered for promotion before a Special Selection Board (SSB) for FY 2017.  The Board considered your contention that there was a material change to your record.  Specifically, your date gap for the reporting period 1 May 2009 to 14 September 2009 was replaced with a fitness report. 

The Board noted that your reporting senior (RS) failed to submit your fitness report for the fore mentioned reporting period and, although your former RS prepared your report, it was not available in your record until after the FY 2017 promotion selection board convened.  The Board also noted the AO’s recommendation to remove your failures of selection due to the egregious oversight and the lack of responsiveness from your RS, however, contrary to the AO’s recommendation, the Board determined that your failures of selection should remain.  In this regard, the Board considered the totality of your performance record and determined that, even after the correction to your performance record, your fitness reports’ relative values and reviewing officers’ comparative assessments largely remain average to below average.  Moreover, in accordance with the precepts that convene promotion selection boards, board members are mandated to select the best and fully qualified eligible officers up to the authorized allocation.  Further, the precept pertains to both above-zone and in-zone officers.  Accordingly, based on the competitiveness required for selection to the grade of major and the largely average to below average natureof your fitness reports’ relative values and comparative assessments, the Board concluded that, although your record before the FY 2017 promotion selection board contained an error that was later corrected, it is more likely than not that you would not have been selected even had your record not contained a date gap. 

Concerning your request for an SSB, the Board noted that your record contained a material error, however, pursuant to SECNAVINST 1420.1B, the officer must demonstrate by a preponderance of evidence that the officer exercised reasonable diligence to correct any errors in their record.  In this regard, the Board also noted your efforts to contact your RS and to correct your date gap, however, Marine Corps Order (MCO) 1610.7, the Marine Corps Performance Evaluation System (PES) Manual provides instructions for correcting date gaps that includes contacting MMRP-31 for assistance within 30 days, if the reporting senior fails to respond.  Further, the PES Manual provides instructions to contact MMRP-30, if you are unable to locate your RS.  The Board determined that you did not comply with the PES Manual guidance, thus you did not exercise reasonable diligence to correct your record for more than four years.  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 the 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.