Docket No: 2743-19 
Ref: Signature Date 
 
   
 

Dear : 
 
This letter is in reference to your application of 27 February 2019 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 3 March 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. The Board also considered the enclosed 10 July 2019 advisory opinion (AO) furnished by Headquarters, Marine Corps, Enlisted Promotions Branch (MMPR-2).  The AO was provided to you on 23 July 2019, 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 modify your date of rank (DOR) to a date commensurate with selection during the Fiscal Year (FY) 2017 E-6 promotion board.  The Board considered your contentions that your non-judicial punishment (NJP) received on 20 August 2014, was set aside on 22 April 2018, consequently your DOR for promotion to sergeant (Sgt/E-5) was adjusted to 1 June 2014, and based on your E-5 DOR, you would have been in zone for promotion to E-6 during FY 2017, however, your record was not considered. 
 
The Board, however, substantially concurred with the AO that you have not demonstrated due diligence in having the NJP set aside prior to the convening of the FY 2017 E-6 promotion board.  The AO explained that Marine Corps Order (MCO) P1400.32D, the Marine Corps Enlisted Promotion Manual requires you to identify errors, discrepancies or an injustice in your record in a timely manner and initiate appropriate corrective action.  Further, your request for remedial consideration must detail the steps taken to ensure the completeness and accuracy of your record prior to the convening of the contested promotion board.  The Board noted that if you were selected for promotion, you would have been promoted on 1 December 2017.  However, the Board also noted that your NJP was not set aside until after the FY 2017 promotion board convened and the Board found no evidence that you exercised due diligence to remove the NJP prior to the convening of the FY 2017 promotion board.  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.