Dear : This letter is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. The Board determined that your personal appearance, with or without counsel, would 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 5 November 2020, and that panel recommended denying relief. However, prior to approval and publication of the Board’s decision, additional mitigating information that was not available to the earlier Board was identified. Specifically, your rebuttal statement to the advisory opinion (AO) was not available for consideration by the Board. Therefore, your application was subsequently referred back to the three-member panel of the Board for reconsideration. 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 the 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 13 February 2020 advisory opinion (AO) furnished by the Headquarters Marine Corps Promotion Branch, Enlisted Promotions (MMPR-2), and your rebuttal to the AO. The Board carefully considered your request to reinstate your selection to staff sergeant (SSgt) with a promotion date of 1 December 2017, or alternatively, convene a Fiscal Year (FY) 2018 or FY 2019 enlisted remedial selection board (ERSB). The Board considered your contention that a Naval Criminal Investigative Service (NCIS) investigation as well as a Command Investigation (CI) exonerated you of allegations that you raped or sexually assaulted a lance corporal in her barracks room. You argue that prior to the incident, your performance record was above average, and you consistently recommended for promotion. You also contend that your command wrongfully recommended that your promotion selection be revoked by claiming that you did not take responsibility for your actions, although you assert that you took full responsibility for your actions in your rebuttal to the 15 October 2018 Administrative Remarks (Page 11), and never denied what occurred. The Board noted that you were not exonerated of the allegations that were investigated by NCIS and your command. Upon completion of the investigations, there was insufficient evidence to warrant punitive action against you. However, the Board determined that your commanding officer (CO) was within his discretionary authority to issue you a Page 11 6105 counseling regarding your deficiencies and to also recommend that your promotion selection be revoked, noting that you did not convey the maturity and supervisory leadership qualities necessary to serve as a staff noncommissioned officer. The Board concluded that your evidence was insufficient to overturn Headquarters Marine Corps’ decision to revoke your promotion selection. The Board also substantially concurred with the AO, noting that, pursuant to Marine Corps policy, Marines whose appointments are in a delay status are not eligible for remedial consideration for any selection board(s) they would have been eligible for if the appointment had not been in a delay status, or for the selection board from which their appointment was revoked. With regard to your contention that, due to the delay in removing your promotion selection, you were not eligible for either the FY 2018 or FY 2019 promotion selection boards. The Board determined that your contention is without merit. Specifically, the incident occurred on 12 September 2017, and your promotion was delayed, pending investigation of your alleged misconduct. The FY 2018 promotion selection board convened on 31 January 2018. Upon conclusion of the NCIS investigation and CI, your CO issued your Page 11 6105 counseling on 15 October 2018. On 20 November 2018, your Battalion CO recommended that your promotion be revoked. On 28 November 2018, you submitted a response and requested promotion to SSgt. Your Battalion CO’s recommendation to revoke your promotion was endorsed on 13 December 2018 by the CO, . On 16 January 2019, the Commanding General, endorsed the recommendations and forwarded the revocation package, to include your statement, to the Commandant of the Marine Corps (MMPR-2) for consideration. The FY 2019 promotion selection board convened on 23 January 2019. Your promotion was still in a delay status, and therefore not eligible for promotion consideration by the FY 2019 board. On 5 March 2019, you were notified that your name had been removed from the FY 2017 Reserve Staff Sergeant Selection List (AR). The Board determined that there were no delays in forwarding your CO’s request for promotion revocation to MMPR-2, and thus concluded that a FY 2018 or a FY 2019 ERSB is not warranted. 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,