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

Docket No: 1893-19 
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.
 
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 25 February 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps  (MMRP-50).  The AO was provided to you on 10 February 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

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 contentions that your master brief sheet (MBS) identified your billet description as “student” instead of “Associate Professor of Law” and your Meritorious Service Medal (MSM) awarded on 31 July 2018 was not in your record or marked as commendatory on your master brief sheet (MBS).  You assert that the errors created an improper perception to the members of the promotion boards. 

The Board, however, substantially concurred with the AO and determined that your record will remain unchanged.  In this regard, the AO explained that your record is qualitatively and quantitatively at the bottom of your reporting senior’s profile in a key billet in grade.  Further, the Board determined that the errors are harmless, as they do not meet the baseline of significant material errors that would negatively impact the perception of your record. Concerning your contention that your MSM was not is your record or listed as commendatory on your MBS, the Board concurred with the AO that the error is administrative in nature, and can be corrected by contacting HQMC (MMRP-31) at (703) 784-3434.  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. 

Sincerely,