Dear  
 
This 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 applications on 21 January 2021.  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 also considered the 21 February 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), noting that the PERB modified your contested to temporary duty (TD) fitness report for the reporting period 1 February 2002 to 15 March 2002 to a “not observed” academic report.  
 
The Board carefully considered your request for a Fiscal Year (FY) 2018 Special Selection Board (SSB), or alternatively, either a FY 2019 or FY 2020 SSB.  The Board considered your contention that the contradiction between MCO 1610.7 and MCO 1001.65 made it unclear whether to submit an observed report prior to completion of an officer’s military occupational specialty school, and that only after several meetings with a career counselor, was the error with your TD report discovered.  You assert that you took every reasonable step to ensure an accurate performance record prior to the convening of the FY 2018 promotion selection board, and each year thereafter. 
 
The Board noted that you submitted sufficient evidence that you exercised reasonable diligence to ensure your record was accurate prior to the convening of the FY18 USMC Lieutenant Colonel Promotion Selection Board.  The Board, however, noted that you were eligible, in-zone, for the FY18 USMC Lieutenant Colonel Promotion Selection Board, and failed selection.  After that board, you had multiple corrections made to your official military personnel file, to include removal of all three of your failures of selection (FY 2018 – FY 2020).  Thus, you were eligible, in-zone, for the FY 2021 USMC Lieutenant Colonel Promotion Selection Board with an error-free record, but failed selection.   
 
The Board noted that for the FY 2021 promotion selection board, not only did you have the benefit of an error-free record and an in-zone status, you also had three additional years to improve upon your performance record.  The Board determined that the promotion selection boards did not lack material information for consideration, that there was no probable material error of fact, and there was no material unfairness that deprived you of fair and impartial consideration by the boards.  The Board thus concluded that you did not demonstrate, by a preponderance of the evidence that grounds for convening an SSB exist. 
 
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, 
  
2/17/2021
Executive Director