Docket No: 1124-20 
 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 30 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 10 March 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) 2020 and FY 2021 Lieutenant Colonel (LtCol/O-5) promotion selection boards.  The Board considered your contention that your reviewing officer’s (RO’s) incorrect comparative assessment mark on your fitness report for the reporting period 19 February 2013 to 31 May 2013 was a material error. 
 
The Board noted that the Marine Corps Performance Evaluation Review Board (PERB) approved the adjustment of your RO comparative assessment mark on your forementioned fitness report.  The Board also noted the AO’s recommendation to remove your failures of selection because the erroneous RO mark potentially reinforced below average performance numbers across your career.  The AO opined it is also plausible that the mark coupled with the bottom third relative value from a new reporting senior led board members to assume that you made some form of error in your performance or conduct.  However, contrary to the AO’s recommendation, the Board concluded that your failures of selection should remain.  In this regard, the Board compared the totality of your performance record with the board members’ mandate to select the best and fully qualified eligible officers up to the authorized allocation, as established by the precepts that convene promotion boards.  Accordingly, based on the competitiveness required for selection to the grade of LtCol and the relative values and comparative assessments of your fitness reports, the Board determined that, although your record before the FY 2020 and FY 2021 promotion selection boards contained an error that was later corrected, that error was not material, and, thus, corrective action is not warranted. 
 
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. 
 
                                                                              
Sincerely,