Docket No. 9324-19
Ref: Signature Date

Dear  ,  
 
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 relevant portions of your naval record and your application, 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 25 August 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. 
 
You requested promotion to Lance Corporal (LCpl).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that you did not meet the eligibility criteria for promotion in accordance with the Marine Corps Personnel Manual of 1964.  Specifically, the policy indicated Commanders that had the authority to promote Marines must have existing vacancies in their unit tables of organization prior to effecting promotion to the grade of LCpl.  Additionally, the aforementioned policy stipulated that Marines were not eligible for promotion during the period appearing before a physical evaluation board to the date of their return to active duty.  The Board could not find, nor did you provide, any evidence of availability of existing vacancies within the unit table of organization.  Moreover, a review of your record indicates you underwent a medical board on 28 January 1969, where you were found unfit for duty and subsequently received an honorable discharge on 26 February 1969 for physical disability.  For these reasons, you were ineligible for promotion to LCpl. 
 
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 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,