DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No. 0928-19 

Dear Major : 
 
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 10 December 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 for an adjustment to your date of rank (DOR) for promotion to Major (Maj/O-4).  The Board considered your contentions that during the Fiscal Year 2019 (FY2019) Major Promotion Selection Board, your record contained erroneous comments in a fitness report for the reporting period 1 November 2011 to 29 February 2012 that was subsequently removed by the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB).  The Board previously granted the removal of your FY2019 failure of selection (Docket No: 4235-18).  You requested a Special Selection Board (SSB); however you were selected for promotion to Maj by the FY2020 Major Promotion Selection Board.  You assert that you continued to progress as an officer, no substantial changes in your record occurred between the FY2019 and FY2020 Promotion Selection Boards; except the removal of your fitness report. 
 
The Board noted that the 24 August 2018, Headquarters Marine Corps (MMRP) memo, in which, your request for an SSB was denied for failure to exercise reasonable diligence in petitioning the PERB before the FY2019 board convened.  Specifically, you received the contested fitness report five years before seeking to have it removed.  Without an SSB, the Board determined there is no evidence to support an adjustment to your DOR.  Moreover, your selection for promotion to Maj during the FY2019 Major Promotion Selection Board was not guaranteed.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 
 
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.