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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 14 July 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 also considered the 4 June 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (RAP), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to be retained on active duty in the Active Reserve Program, in accordance with your Reporting Seniors’ and Reviewing Officers’ recommendations.  The Board considered your contentions that your Reviewing Officials highly recommended you for promotion and retention on all of your performance evaluations, and that it is unjust that their  recommendations were overlooked [by the Fiscal Year (FY) 2019 Active Reserve Enlisted Continuation Board].  You assert that you have devoted over 17 years of your life to military service and have made countless sacrifices for the military, and you request that you be given an opportunity to complete your military career. 
 
The Board noted that, after having twice failed for selection to gunnery sergeant, you were considered for retention in the Active Reserve Program by the FY 2019 Active Reserve Enlisted Continuation Board.  However, the FY 2019 Continuation Board did not select you for continuation.  The Board also noted that, from 12 May 2019, you were extended on active duty for five months in order to facilitate your transition from active duty, that you were extended again from 13 October 2019 for a line of duty medical evaluation, and that you are currently on medical hold. 
 
The AO determined, and the Board concurred, that you provided no evidence to support your assertion that your Reviewing Officials’ recommendations for retention and promotion were overlooked by the FY 2019 Active Reserve Enlisted Continuation Board.  Although you have been retained in the Active Reserve Program due to medical hold, the Board concluded that your non-selection for retention in the Active Reserve Program by the FY 2019 Active Reserve Enlisted Continuation Board was not in error or unjust. 
 
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.