Dear : 
 
This letter is in reference to your applications 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 applications have been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your applications on 15 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 carefully considered your request to remove from your record all mention of an accusation of unauthorized absence (UA) from 22 February 2010 through 24 February 2010.  You contend that you were not in an unauthorized leave status; instead you were on leave during the entire time period.  You argue that you had received verbal approval from your company commander prior to the start date of your leave request and had checked out with the command duty before leaving.  You contend that you unjustly received a UA entry as the incident should have been processed via a “Non-Punitive Letter of Censure” not a charge of UA. 
 
The Board noted that although you did discuss with your chain of command your desire to take leave you did not receive authorization to take leave before you left the area, in violation of Article 86 of the Uniform Code of Military Justice (UCMJ).  The Board also noted that your command’s action to charge you with UA is valid and was in line with MCO P5800.8.   Consequently, the Board determined that the UA entry is administratively correct and concluded that the entry shall remain in your official military personnel file. 
 
The Board also carefully considered your request to remove from your record all mention of your promotion withhold to captain.  The Board considered your contention that your placement on the Body Composition Program (BCP) was 20 days after the date of the Promotion Withhold Letter and should not have been considered by the promotion board.  You also contend that your command utilized fraudulent actions during the promotion withhold process.  Specifically, you allege that you were not given the opportunity to properly rebut the promotion delay because you never received the promotion delay package.  You assert that, as a result of the inaccuracies and fraudulent behavior, you were denied promotion to captain. 
 
The Board noted that the 2 February 2010 Notification of Promotion Delay listed several reasons why your promotion to captain was delayed.  Although one reason was for not meeting Marine Corps standards for height and weight, it was also noted that you failed to demonstrate proficiency in your military occupational specialty, that you had been counseled on several occasions for a general lack of knowledge, that you had failed to account for the location and status of the Marines under your charge, and that you were unable to maintain the physical fitness requirements of the Marine Corps.  The Board thus concluded that even if the captain promotion board were not to have considered the BCP, there were other issues that validated the promotion delay.  With regards to the allegations of fraudulent actions by the command, the Board noted that the command properly provided you with the Notification of Promotion Delay.  You claim that you wrongfully never received any of the enclosures with the package; however, the notification only contained one enclosure, the acknowledgment of notice.  Consequently, the Board determined that you received all materials with respect to your promotion delay and that your response to the promotion delay was properly included in your record.  
 
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,