DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 448-19 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 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 3 March 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. The Board also considered the enclosed Headquarters, Marine Corps (MMPR-2) advisory opinion (AO), 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 adjust your gunnery sergeant date of rank (DOR) to the date you would have received had you been selected by either the Fiscal Year (FY) 2014 or FY 2015 USMC Gunnery Sergeant Promotion Selection Board. The Board considered your contention that you would have been selected by either board if not for a material error in your record—that is, an Administrative Remarks (Page 11) 6105 counseling entry. The Board noted that you were eligible for and failed selection by the FY 2014 and 2015 USMC Gunnery Sergeant Promotion Selection Boards. However, you were selected by the FY 2016 Promotion Selection Board, and promoted with a 1 October 2016 DOR. The Board also noted that this Board previously removed a Page 11 6105 counseling entry from your record in 2018, and that this Page 11 was in your official military personnel file (OMPF) when you were selected by the FY 2016 promotion selection board. Accordingly, the Board determined that your contention that the Page 11 caused your FY 2014 and FY 2015 failures of selection is speculative. The Board thus concluded that a backdated DOR is not warranted. The Board also considered whether directing the convening of a remedial promotion selection board was appropriate relief. The Board, however, substantially concurred with the AO and concluded that, pursuant to MCO P1400.32D W/CH 2, a remedial promotion selection board is not warranted because you did not exercise reasonable diligence in correcting your record prior to the convening of either the FY 2014 or FY 2015 promotion selection boards. 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,