Docket No: 6415-19    
Docket No: 11540-19 
 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.     
 
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 25 August 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 16 September 2019 advisory opinion (AO) furnished by the Marine Corps Promotions Branch (MMPR) and your response.   
 
The Board carefully considered your request to remove your failures of selection (FOSs) incurred during the Fiscal Year (FY) 2019 and FY 2020 USMC Reserve Major Promotion Selection Boards and reinstatement to the Reserve Active Status List. The Board considered your contentions that you were not aware that you were considered and failed selection by the FY 2019 promotion selection board and you were unaware of the requirement to submit your Reserve Qualification Summary (RQS) ten days before the convening of the FY 2020 promotion selection board.  You also contend that contrary to paragraph 4008 of Marine Corps Order (MCO) P1400.31C, the Marine Corps Promotions Manual, Officer Promotions (MARCORPROMMAN, OFFPROM) your command did not notify you of your FY 2019 FOS.  You claim that while serving overseas with the Department of State, you became aware of the need to submit your RQS, but it was rejected by MMPR-3 pursuant to updated guidance in MARADMIN 432/18.  You also claim that you would have provided the documentation on time if you were made aware of the requirement or notified by your command. You assert that both promotion boards were compelled not to select you because of the missing documents. 
 
The Board, however, substantially concurred with the AO that your FOSs should remain.  In this regard, the Board noted that MARADMINs are readily available and accessible online to anyone with internet access and an interest in reviewing them and determined that as a commissioned officer with more than ten years of service, it was your responsibility to practice due diligence by tracking your potential eligibility for promotion to the next higher grade, reviewing MARADMINs and following published guidance.  The Board also noted that paragraph 4008, of the MARCORPROMMAN, OFFPROM provides guidance on the Marine Corps Advance Notification system and provides leaders with options in addressing the obvious disappointment of officers not selected for promotion.  The Board also determined that even if your command was aware of your FY 2019 failure of selection, the MARCORPROMMAN, OFFPROM does not require commanders to notify Marines of their failed selection.  Based upon the aforementioned determinations, the Board found no basis to grant reinstatement to the Reserve Active Status List.  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.   
 
                                                                              Sincerely,