Docket No: 2520-19 
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 February 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 23 July 2019 advisory opinion (AO) furnished by Headquarters,  Marine Corps, Enlisted Promotions Branch (MMPR-2), and your response.    
 
The Board carefully considered your request for a new Enlisted Remedial Selection Board (ERSB) for promotion consideration to E-8 and a date of rank commensurate with selection by the Fiscal Year (FY) 2016 or FY 2017 E-8 promotion board.  The Board considered your contentions that your record was not assessed objectively under current Marine Corps policies, because the ERSB was not permitted to consider five years of your previous fitness reports, and that the FY 2016 and FY 2017 ERSBs were comprised of the same members.  You contend that, if all of your fitness reports and professional military education (PME) had been considered, you would have been selected for remedial promotion.  
 
The Board, however, substantially concurred with the AO that you were properly considered but not selected for remedial promotion by the FY 2015, FY 2016, and FY 2017 Sergeant Major through Master Sergeant Selection boards.  The AO explained that, because the ERSB is guided by the ERSB precept and the precepts used during the regularly convened selection boards, the ERSB is prohibited from considering material for events that occurred after the regularly convened selection board for which remedial promotion is considered.  The Board noted that your record was briefed as being PME-complete by multiple board members during each ERSB.  The Board determined that you were properly considered for remedial promotion, and that the ERSBs were conducted in accordance with Marine Corps Order (MCO) P1400.32D, the Marine Corps Enlisted Promotion Manual.  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.