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


Docket No: 1707-19 
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.    

A three-member panel of the Board, sitting in executive session, considered your application on 14 April 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 5 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) 2018 through FY 2021 Lieutenant Colonel (LtCol/O-5) Promotion Selection Boards. The Board considered your contentions that, because the Marine Corps Performance Evaluation Review Board (PERB) approved and corrected three fitness reports, the promotion boards were not presented with the most up-to-date, true, and accurate reflection of your military record, which affected your potential for promotion.  

The Board noted the PERB corrections to your 8 November 2007 to 20 May 2008, 4 November 2014 to 31 May 2015, and 25 February 2017 to 30 June 2017 fitness reports.  The Board also noted the AO’s recommendation to remove your failures of selection.  Contrary to the AO’s recommendation, however, 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 corrections to your performance record, your fitness reports’ relative values and reviewing officers’ comparative assessments remain largely 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 lieutenant colonel and the largely average to below average nature of your fitness reports’ relative values and comparative assessments, the Board concluded that, although your record before the FY 2018 through FY 2021 promotion selection boards contained errors that were later corrected, such errors were harmless, that is, it is more likely than not that you would not have been selected even had your record not contained such errors. 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.