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

Docket No: 3705-19 
Ref: Signature Date 

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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request for reinstatement to active duty and promotion to the grade you would be if you had not failed selection to lieutenant colonel (LtCol/O-5) during the Fiscal Year (FY) 2011 LtCol Promotion Selection Board.  The Board considered your contention that your performance record was in error due to the lack of oversight of your reporting senior’s (RS) graded attribute marks, which led to an incorrect percentage categorization of your first lieutenant (1stLt) and captain (Capt) fitness reports.  You also contend that there was a disparity between your RS averages and your reviewing officer (RO) averages, your RS averages were in the lower percentage and the majority of your RO averages were above average.  Further, the lack of oversight and disparity led to your failures of selection (FOSs) and to the premature end of your career.  You claim that the lack of an available tracking tool led to unacceptable, excessive amounts of unintentional mistakes that painted an incorrect picture of your performance and potential to serve. 

The Board noted that you were an in-zone officer, you were properly considered for promotion to LtCol, but not selected during the FY 2011 promotion selection board.  Further, during FY 2012 through FY 2016 you were an above-zone officer, you were properly considered for promotion to LtCol, but not selected.  The Board acknowledged your letters to the promotion boards, but found no substantial evidence that your reports as a 1stLt and Capt were not an accurate assessment of your performance or that your RSs acted in violation of Marine Corps Order (MCO) 1610.7, the Performance Evaluation System (PES) Manual, and you provided none.  The Board also noted MARADMIN 418/09 announcing the convening of the FY11 USMC Colonel, Lieutenant Colonel, and Major Promotion Selection Board that advised officers to audit their official military personnel file (OMPF) and master brief sheet (MBS) prior to the convening of the board.  The MARADMIN also notified officers that they are personally responsible for ensuring the accuracy and completeness of their OMPF and MBS.  The Board noted that you were notified to ensure the accuracy of your record, but you provided no evidence that you contacted your RSs or petitioned the Performance Evaluation Review Board to correct or modify the RS attribute marks on your fitness reports prior to the convening of the promotion boards.  The Board determined that your evidence was not sufficient to warrant reinstatement to active duty or promotions beyond your current grade.  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, 

4/24/2020