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

Docket No. 5570-19 Ref: Signature Date 

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 relevant portions of your naval record and your application, 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 6 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.  In addition, the Board considered the advisory opinions contained in Headquarters, U.S. Marine Corps (HQMC) memo 1650 MMMA-3A of 24 September 2019 and HQMC memo 1400/3 MMPR-2 of 01 November 2019; a copy of which was previously provided to you for comment. 

In October 1990, you qualified for the last time with the M-16 service rifle, you scored 210, and you qualified as “Sharpshooter”.  On 28 August 1991, the Board for Correction of Naval Records backdated your promotion to Corporal from 1 May 1991 to 1 January 1991.  On 21 September 1991, you were released from active duty and transferred to the Marine Corps Reserve.  

You requested promotion to Sergeant/E-5 and your rifle qualification to reflect “Expert 2nd Award” vice “Sharpshooter”; 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 you did not meet the minimum twelve months time in grade required for promotion to Sergeant.  Furthermore, the Board also concluded that even though you previously qualified as a rifle “Expert” twice, you last qualified as a “Sharpshooter” just prior to being separated from active duty. In this connection, the Board substantially concurred with the comments contained in the advisory opinions. 

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, 

6/2/2020