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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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.  The Board also considered the 5 December 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps Promotion Branch, Enlisted Promotions (MMPR-2), 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 backdate your date of rank in the grade of staff sergeant or to grant an Enlisted Remedial Selection Board (ERSB) for promotion consideration to staff sergeant.  The Board considered your contention that you had an unjust nonjudicial punishment (NJP) and fitness report removed from your record, and if not for the derogatory material in your record, you would not have failed selection to staff sergeant.    
 
The Board, however, substantially concurred with the AO, noting that, pursuant to Marine Corps policy, remedial consideration will not be granted to any Marine who, through the exercise of due diligence, should have been able to discover and correct the error or omission in the official record prior to the convening date of the selection board that considered but did not select the Marine.  The Board thus concluded that you failed to exercise reasonable diligence in correcting your record prior to failing selection to staff sergeant.  
 
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,