Docket No: 11724-19 
Ref: Signature Date 
 
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 9 February 2021.  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.   
 
The Board carefully considered your request to remove your 15 June 2017 Administrative Remarks (page 11) counseling entry.  The Board considered your contentions that your page 11 entry was in error because the entry notified you that you were not recommended for promotion to sergeant (Sgt/E-5), however, at the time, you were a lance corporal and not eligible for promotion to Sgt.   
 
The Board noted that pursuant to the Marine Corps Enlisted Promotions Manual you were properly counseled for being eligible, but not recommended for promotion to sergeant for the June 2017 promotion period for lack of leadership and lack of initiative.  The Board also noted that your page 11 entry was written according to the Marine Corps Individual Records Administration Manual, specifically, the entry provided written notification concerning your deficiencies, it notified you of your right to submit a rebuttal, and you acknowledged the entry.  The Board noted, too, that you were counseled on 12 May 2017 for being eligible, but not recommend for promotion to corporal during the third quarter (July, August, and September) of 2017.  The Board determined that based upon your commanding officer’s signature, it was clearly his/her intent that you not be promoted during June 2017 or during the subsequent 
promotion quarter.  The Board determined that the incorrect grade was an administrative error that does not invalidate the entry.  The Board also determined that your election not to submit a statement indicates that you acknowledged the content of the page 11 entry and understood the basis for the non-recommendation for promotion.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy or injustice warranting corrective action.   
 
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, 
  
2/23/2021
Executive Director