Docket No. 8641-19
Ref: Siganture dtae


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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  
8 September 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 carefully considered your request to backdate your date of rank in the grade of gunnery sergeant.  The Board considered your contention that, at the time of both the Fiscal Year (FY) 2015 and FY 2016 USMC Gunnery Sergeant selection boards, there was documentation of a nonjudicial punishment (NJP) and Page 11 entry in your official military personnel file (OMPF) that resulted in your failure to select.  You assert that your NJP and Page 11 counseling entry were removed from your OMPF, and that you were selected by the FY 2017 Promotion Selection Board.  Per the recommendation you received from Headquarters Marine Corps (MMPR-2), you request consideration for a back dated promotion date of rank that is aligned with the FY 2015 Gunnery Sergeant selection board. 
 
The Board, however, noted that your NJP and Page 11 were removed from your OMPF after you failed selection by the FY 2015 Promotion Selection Board, but that the derogatory material was removed before you failed selection by the FY 2016, and then you subsequently selected for promotion the following year.  The Board determined that you did not sufficiently demonstrate that the derogatory material in your OMPF more likely than not caused your failure to select.  The Board thus concluded that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting an adjustment to your gunnery sergeant date of rank and effective date.  
 
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,