DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7645-19 Ref: Signature Date This 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 27 August 2019. 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, as well as applicable statutes, regulations, and policies. The Board carefully considered your request to remove your failure of selection incurred by the Fiscal Year 2019 Staff Noncommissioned Officer Promotion Selection Board (FY19 Master Gunnery Sergeant (MGySgt) Board). The Board also considered your request for an expedited FY19 Enlisted Remedial Selection Board (ERSB). The Board considered your contention that your failure of selection occurred because your erroneous record was briefed to the promotion selection board. You further contend that your occupational field sponsor identified the error in your record after you failed selection for promotion to master gunnery sergeant; however, you consistently exercised due diligence to ensure your record was correct and you have relied upon the expertise of the career counselors to assist with the identification of errors in your record. The Board noted that you were not selected for promotion by the FY19 MGySgt board that convened on 17 October 2018. On 19 November 2018, you petitioned the Performance Evaluation Review Board to correct an error in your record. Specifically, Section K, Item 3 (Comparative Assessment) of the extended fitness report for the reporting period 1 January 2009 to 1 March 2009. On 21 May 2019, Headquarters, U.S. Marine Corps modified Section K, Item 3 (Comparative Assessment) of the report, increasing your mark from the 5th block to the 6th block. On 21 May 2019, you submitted a request to Headquarters, Marine Corps (MMPR-2) requesting remedial consideration for promotion to master gunnery sergeant due to a material error in your record. On 1 July 2019, MMPR-2 denied your request because it did not demonstrate reasonable diligence by providing the detailed steps you took to ensure the completeness and accuracy of your record prior to the convening of the selection board. On 15 July 2019, you responded to MMPR-2 with a list of actions you took tending to prove that you took due diligence in correcting your record. The Board noted your efforts to review your record and the assistance of career counselors; however, as set forth in MARADMIN 279/18, ultimately “Marines are responsible for ensuring the accuracy and completeness of their Official Military Personnel File (OMPF) and Master Brief Sheet (MBS)… prior to the board convening.” Regarding the error in your record, the Performance Evaluation System (PES) Manual states that a material error is defined as “a substantive inaccuracy or injustice that when properly recorded…would have resulted in a fair portrayal of the Marine’s career.” The Board noted that the reviewing officer for the contested report was also the reviewing officer for six other reports. The Board also noted that the corrected report was for a reporting period that occurred more than ten years prior to the promotion board, covered a very brief period, and did not impede your selection during two previous promotion boards. Regularly scheduled promotion boards are charged with selecting the best and fully qualified based upon allocation restrictions. Given the limited allocation (one) for your military occupational specialty (MOS), your non-selection is indicative of the competitiveness of your MOS more than a material error in your record. Based on the foregoing, the Board determined that you did not produce the substantial evidence required to demonstrate the existence of a probable material error or injustice responsible for your failure of selection. The Board thus concluded that removal of your failure of selection and remedial consideration for promotion 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 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. Sincerely, 9/20/2019