Docket No: 7277-19 
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 3 November 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 24 July 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50) and your response. 
 
The Board carefully considered your request to remove your failures of selection (FOSs) incurred during the Fiscal Year (FY) 2020 and FY 2021 USMC Colonel (Col/O-6) promotion selection boards.  The Board considered your contention that the Performance Evaluation Review Board (PERB) approved corrections to your fitness reports for the reporting periods 1 April 1999 to 24 May 1999, 11 June 2001 to 6 July 2001, and 1 June 2003 to 15 July 2003 by changing your fitness reports to be not observed.  
 
The Board, however, substantially concurred with the AO that your FOSs should not be removed.  In this regard, the Board noted that the corrections to your record only had a marginal impact on your overall performance percentages.  The Board determined that the corrections to your record were not substantive enough to have altered the promotion board’s decision.  The Board concluded that, although your record before the FY 2020 and FY 2021 promotion selection boards contained errors, 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, 
12/3/2020
Deputy Director