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

Docket No. 390-19
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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps memorandum 1400/3 MMPR-2 dated 13 March 2020 and your response to the opinion.
 
You requested promotion to the paygrade of E-7 (Gunnery Sergeant) prior to your retirement from the Marine Corps Reserve.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that there was no evidence of an error or injustice to your official naval record.  You were promoted to the paygrade of E-6 on 1 January 1995.  It was determined that you were considered eligible for promotion during the E-7 Promotion Board for calendar years 1997, 1998, and 2000. Although your were eligible for promotion to the paygrade of E-7 during this period, the Board did not select you for promotion to the paygrade of E-7. In addition, you were not considered from promotion to E-7 for calendar year 1999 since your respective Military Occupational Specialty was closed during this period.  Subsequently, you were placed in the retired without pay list on 1 August 2001 in the paygrade of E-6.  In this connection, the Board recommended unfavorable action due to the lack of supporting evidence from your naval 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 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,