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

Docket No: 3315-19 
Ref: Signature Date
 
Dear

This 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 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 January 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, as well as applicable statutes, regulations, and policies.
 
The Board carefully considered your request to remove the 14 December 2017 Administrative Remarks (page 11) “non-recommendation” for promotion counseling entry, from your official military personnel file (OMPF). The Board considered your contention that the promotion authority who submitted the page 11 for inclusion in your OMPF did not certify the negative recommendation in the Unit Diary/Marine Integrated Personnel System (UD/MIPS) nor in Marine OnLine, making the page 11 entry erroneous.  You submitted, as evidence, a letter from the issuing officer, requesting the counseling entry be removed from your OMPF, stating:
 
This discrepancy was found after the visit from the Marine Corps Administrative Analysis Team in January 2019.  Since the discovery of the deficiency, immediate corrective action has been to request removal of the records from the Marine’s OMPF that was impacted.  Measures that have been taken to ensure this is not an ongoing occurrence is to ensure all negative recommendations for promotion have been certified within Marine OnLine by the promoting authority before submission of the page 11 into the Marine’s OMPF. 

The Board noted that you received the promotion restriction counseling after it was determined that you were eligible but not recommended for promotion to corporal for the second quarter promotion of January, February, and March due to lack of required professional military education.  You acknowledged the counseling and chose not to submit a rebuttal.  The Board also noted that the counseling was issued by your Commanding Officer (CO), 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 it shall remain in your OMPF.  In this regard, 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” entryinto the MCTFS.  Therefore, the Board concluded that the error did not change your CO’s intent that you not be promoted.
 
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,