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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 29 September 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 29 January 2020 advisory opinion (AO) furnished by Headquarters Marine Corps Manpower Management Record Performance (MMRP-60), 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 remove your second failure of selection and to convene a Fiscal Year (FY) 2020 Special Selection Board (SSB).  The Board considered your contention that your photograph, and your fitness report for the reporting period 1 October 2017 to 30 September 2018 were not available for review by the FY 2020 USMCR Major Promotion Selection Board. 
 
The Board noted that you were eligible, in-zone and failed selection by the FY 2019 Reserve Major Promotion Selection Board.  Although the FY 2019 promotion selection board was authorized to select 435 eligible officers for promotion, it did not select to allocation, and instead, selected only 414.   
 
The Board also noted that you were eligible, above-the-zone for the FY 2020 Reserve Major Promotion Selection Board, which convened on 8 January 2019 and adjourned on 18 January 2019.  Your promotion photograph was not taken until 23 January 2019, after the promotion board adjourned, and your fitness report was not submitted by your reviewing officer until 15 January 2019.  Although the FY 2020 promotion selection board was authorized to select 554 eligible officers for promotion, it did not select to allocation, and instead, selected only 529.      
 
MARADMIN 432/18 published promotion board preparation guidance for the FY 2020 promotion selection board.  The guidance provided, in part, that each officer is personally responsible for ensuring the accuracy and completeness of their official military personnel file and master brief sheet before the board convening date, that officers eligible for promotion are “required to submit an official photo within 12 months of the convening date of the board” and that eligible officers are responsible for verifying receipt of the photograph by MMRP-60.  With regard to the untimely submission of your fitness report, the Board determined that per the guidance, your commander was ultimately responsible for the timely submission of the fitness reports.  Nevertheless, the Board noted that, also per the guidance, each officer eligible for consideration by a selection board may send a written communication to the board, to arrive not later than 10 calendar days before the date the board convenes. 
 
In view of the above, the Board determined that you did not abide by the board preparation guidance provided, and that you did not exercise reasonable diligence in preparation for the FY 2020 promotion selection board, and that you did not demonstrate to the Board that you submitted written communication to the FY 2020 promotion selection board regarding your reporting officials’ untimely submission of your fitness report.  The Board thus concluded that the requested relief is not warranted. 
 
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 attachés 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,