DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 526-19 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 21 January 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 6 March 2019 advisory opinion (AO) furnished by the Marine Corps Enlisted Promotions Branch (MMPR-2) and your response thereto. The Board carefully considered your request to modify your date of rank for promotion to First Sergeant (1stSgt/E-8) to reflect your selection during the Fiscal Year (FY) 2017 Sergeant Major (SgtMaj/E-9) through Master Sergeant (MSgt/E-8) promotion selection board. The Board considered your contention that you were “in-zone” for promotion to E-8 during the FY 2017 promotion board; however, you were unable to attend the required resident Professional Military Education (PME) course because you were assigned to recruiting duty and on limited duty due to your medical status. You also contend that the Marine Corps no longer restricts Marines on limited duty from attending PME and authorized a 365-day exemption to Marines on or leaving special duty assignments (SDA). The Board, however, substantially concurred with the AO that you are not eligible for the PME waiver. You were properly considered for promotion, but not selected during the FY 2017 SgtMaj through MSgt promotion selection board. In this regard, MARADMIN 521/14 updated enlisted PME requirements, such that, gunnery sergeant to master sergeant/first sergeant are required to complete the MarineNet enlisted PME (EPME) 7000AA Distance Education Program (DEP), then the Resident Advance Course. MARADMIN 663/16, exempting Marines in the grade of sergeant through gunnery sergeant serving on SDA from completing the resident course requirement was not effective until 20 December 2016. The Board determined that MARADMIN 663/16 was not effective until after the FY 2017 promotion selection board adjourned and is thus not retroactive. Concerning your contention that you were unable to attend the resident PME because you were on a SDA and limited duty, the Board noted that your SDA terminated on 14 November 2016. The Board also noted that you did not complete the online MarineNet EPME Staff Non-Commissioned Officer DEP until 21 December 2016. Further, the Board noted that the FY 2017 SgtMaj through MSgt promotion selection board convened on 19 October 2016 and adjourned on 8 December 2016. Thus, your DEP course was completed after the adjournment of the FY 2017 promotion board. The Board determined that you did not meet the DEP or Resident PME requirements outlined in MARADMIN 5231/14 prior to the convening date of the contested promotion board. Concerning your contention that you were improperly denied the opportunity to attend the resident Advance Course, the Board noted that you were on limited duty from 28 October 2015 through 11 October 2016, but found no evidence that you were denied an opportunity to attend the resident course prior to the convening of the promotion board. Accordingly, the Board 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,