Docket No: 7182-19 
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 6 October 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 25 July 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50) and your response. 
 
The Board carefully considered your request to remove your failure of selection (FOS) incurred during the Fiscal Year (FY) 2020 USMC Lieutenant Colonel (LtCol/O-5) promotion selection board.  The Board considered your contention that the Performance Evaluation Review Board (PERB) approved a correction to your fitness report for the reporting period 7 September 2007 to 3 March 2008 by changing your report to not observed.  
 
The Board, however, substantially concurred with the AO that your FOS should not be removed.  In this regard, the Board noted that the correction to your record only had a marginal impact on your overall performance percentages.  The Board also noted that your fitness report was from a period early in your career as a captain and determined that the correction to your record was not substantive enough to have altered the promotion board’s decision.  The Board concluded that, although your record before the FY 2020 promotion selection board contained an error, it did not amount to a 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 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,