Docket No: 3310-19 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 28 June 2019. 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 the naval record, as well as applicable statutes, regulations, and policies. The Board carefully considered your request to correct your official military personnel file (OMPF) by removing the 13 September 2018 administrative (Page 11) counseling entry. The Board considered your contention and the commanding officer’s advocacy letter that the promotion authority did not certify the non-recommendation for promotion in Marine Online or the Unit Diary/Marine Integrated Personnel System (UD/MIPS) prior to submitting the counseling entry for inclusion in your OMPF. The Board noted that you received a 13 September 2018 counseling entry that you were not recommended for promotion to the rank corporal for the first quarter of fiscal year 2019 due to a lack of proficiency in your designated “Military Occupational Skill.” The Board also noted that you chose not to submit a rebuttal to this counseling entry and that your commanding officer (CO) issued the counseling, in accordance with Marine Corps policy. Pursuant to MCO P1400.32D (Marine Corps Promotion Manual, Volume 2, (Enlisted Promotions)), Marines in the grades of lance corporal and corporal who are eligible for promotion by time-in-grade and time-in-service, but are not recommended for promotion, must have a “NOT REC FOR PROM” entry entered in the Marine Corps Total Force System (MCTFS) via unit diary. In accordance with MCO P1070.12 (Individual Records Administration Manual), and concurrent with the unit diary entry, an appropriate Page 11 counseling entry must be made in the Marine’s OMPF. The Board determined that the counseling is valid and should remain in your OMPF. The Board noted that your CO determined that you did not meet the standards for promotion, and his intent when issuing the counseling was for you to not be promoted. The Board determined that the error identified by the Marine Corps Administrative Analysis Team in January 2019 merely identified an administrative oversight by the Command to enter the “NOT REC FOR PROM” entry into the MCTFS. Therefore, the Board concluded that the error did not change your CO’s intent that you not be promoted the first quarter of fiscal year 2019. Accordingly, the Board determined that the contested counseling entry is neither in error nor unjust, and will remain unchanged in your record. 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.