Docket No: 4480-19 
 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 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 23 June 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, as well as the enclosed 10 April 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50).  The AO was provided to you on 5 May 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 
 
The Board carefully considered your request to remove your failures of selection (FOS) incurred during the Fiscal Year (FY) 2020 and FY 2021 USMC Lieutenant Colonel (LtCol/O-5) promotion selection boards.  The Board considered your contention that the relative value of your fitness report for the reporting period 1 November 2005 to 27 January 2006 negatively impacted your overall performance average.  You claim that despite being promoted with your report in your record, your current performance average affects your potential for future promotion. 
 
The Board noted that the Marine Corps Performance Evaluation Review Board (PERB) approved the modification of your contested fitness report by making the reporting senior (RS) portion of your fitness report “not-observed.”  The Board, however, substantially concurred with the AO not to remove your failures of selection.  In this regard, the Board also noted that the erroneous observation did not significantly skew the accuracy of your record during the FY 2020 USMC LtCol promotion selection board.  The Board considered the totality of your performance record and determined that, even after the correction to your performance record, your fitness reports’ relative values and reviewing officer’s comparative assessments largely remain average to below average.  Moreover, in accordance with the precepts that convene promotion selection boards, board members are mandated to select the best and fully qualified eligible officers up to the authorized allocation.  Further, the precept pertains to both above-zone and in-zone officers.  Accordingly, based on the competitiveness required for selection to the grade of LtCol and the largely average to below average nature of the relative values and comparative assessments of your fitness reports, the Board concluded that, although your record before the FY 2020 promotion selection board contained an error that was later corrected, it is more likely than not that you would not have been selected had your record not contained the error.  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,