Docket No: 5620-19 
Ref: Signature Date 

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 16 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 28 April 2020 advisory opinion (AO) furnished by the Marine Corps Enlisted Promotions Branch (MMPR-2).  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 failure of selection draw case code (DCC) “BT” from your Marine Corps Total Force System (MCTFS) record.  The Board considered your contention that your failure of selection was the result of your fitness report for the reporting period 31 May 2015 to 30 September 2015 that was subsequently removed by the Marine Corps, Performance Evaluation Review Board (PERB). 

The Board, however, substantially concurred with the AO that your DCC “BT” is appropriate and should not be removed.  In this regard, the Board noted that you were twice passed for promotion to E-9 by the Fiscal Year (FY) 2018 and FY 2019 enlisted promotion boards.  The Board also noted that your FY 2018 request for remedial consideration was denied for failure to exercise due diligence, and although your FY 2019 request for remedial consideration was approved, you were not selected for promotion to master gunnery sergeant.  The Board found no evidence that your forementioned fitness report caused you to fail selection and you provided none.  Accordingly, the Board determined that your DCC “BT” is valid and issued in accordance with Marine Corps Order (MCO) P1400.32D, the Marine Corps Promotion Manual, Enlisted Promotions.  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.