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 issue(s) 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.  The names and votes of the panel members 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 carefully considered your request to change your date of rank to master sergeant to 1 July 2015, which was the date that you would have been promoted but for the suspension of that promotion.  In that regard, the Board considered your contention that certain inconsistencies and procedures, along with other incidents, reflected undue command influence, and that you were not found guilty of any convictable offense.  The Board also considered your contention that your date of rank is erroneous, as MCO P1400.32D (MARCORPROMMAN) provides that “the original date of rank will be assigned when the marine is exonerated of all wrong doing.”  Finally, the Board noted that the Director of the Recruiters School requested that Headquarters, Marine Corps Enlisted Promotion Section (MMPR-2) promote you with a date of rank of 1 July 2015 upon completion of the six-month delay of your promotion based upon the fact that you had corrected your deficiencies and learned from your mistakes, and that your commanding officer endorsed this request. 

Upon its review, however, the Board found that you were not exonerated of the wrongdoing for which your promotion was delayed.  Your record includes a 6105 counseling entry reflecting that you made unprofessional and inappropriate comments while in the performance of your duties as an instructor.  While your rebuttal to this entry attempted to explain the comments, it did not deny that they were made.  Additionally, this conduct was reflected in an adverse fitness report.  As you were never exonerated of the conduct for which your promotion was delayed, but rather were ultimately promoted based upon the determination by your supervisors that you had corrected your deficiencies and learned from your mistakes, the Board determined that your current date of rank of 1 January 2016 was neither an error nor an injustice, but rather was assigned in accordance with Marine Corps policy regarding promotion delays. 
 
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,