DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2879-19 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 7 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 29 October 2019 advisory opinion (AO) furnished by the Staff Judge Advocate to the Commandant of the Marine Corps (JPL). The AO was provided to you on 11 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 the mention of your non-judicial punishment (NJP), and to adjust your date of rank (DOR) for promotion to First Lieutenant (1stLt/O-2) to 29 May 2017 instead of 1 November 2018. The Board considered your contention that any reference to your NJP should be removed from your official military personnel file (OMPF) because no punishment was awarded. You also contend that your promotion was delayed because of an ongoing investigation, and the Commandant of the Marine Corps (CMC) assigned your date of rank (1 November 2018) without issuing a “not-eligible” for promotion page 11 entry. You claim that because of your current DOR, you were not eligible for the officer retention board or the Fiscal Year (FY) 2019 captain promotion selection board. The Board, however, substantially concurred with the AO. In this regard, the AO noted that you were correct that when a NJP hearing results in no punishment, it is as if the charges were dismissed and there was no hearing, thus your OMPF should not contain documents that reference your NJP. After a review of your OMPF, the AO noted that your record does not contain any material that references your NJP. Additionally, the Board noted that documents in your record related to your misconduct were redacted to remove any mention of your NJP. The Board also noted that you were issued an adverse fitness report for the reporting period 26 June 2017 to 31 July 2017 for receiving a 12 July 2017 page 11 entry counseling you for engaging in an inappropriate personal relationship with a staff sergeant. Concerning your request to adjust your DOR, the Board determined that your date of rank will remain unchanged. The Board noted that in accordance with the Marine Corps Order (MCO) P1400.31C, the Marine Corps Officer Promotion Manual, “Commanders can delay an officer’s promotion if that officer is not mentally, physically, morally, or professionally qualified for promotion.” The Board also noted that the CMC reviewed and approved the delay of your promotion based upon your substantiated misconduct that disqualified you for promotion on your original date of rank. Moreover, the authority to adjust the date or rank for second lieutenants promoted to first lieutenant rest with the CMC. In this case, the CMC determined that your date of rank would be adjusted to 1 November 2018. Concerning your contention that you did not receive a page 11 entry counseling you that you were not eligible for promotion, the Board noted that in accordance with the Marine Corps Officer Promotion Manual, the commanding officer will notify the officer in writing outlining the grounds for the delay. The Board also noted that you were informed in writing of your promotion delay, and you submitted a statement. The Board noted, too, that in accordance with MCO P1400.32D, the Marine Corps Enlisted Promotions Manual, Marines in the grade private through corporal that are eligible but not recommended for promotion require a page 11 entry. The Board determined that pursuant to regulations, you were properly notified and counseled. Concerning your eligibility for the officer retention board and FY 2019 captain promotion selection board, the AO noted that the captain promotion selection board considered officers whose DOR fell between 23 May 2016 and 31 May 2017, thus you were not eligible for the FY 2019 promotion board. Moreover, you were also not eligible for the FY 2020 captain promotion selection board prior to your end of active service. The Board concurred with the AO and determined that your lack of eligibility was a natural consequence of your DOR assigned by the CMC. 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,