Docket No: 172-21 
Ref: Signature Date 

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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 May 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, and applicable statutes, regulations, and policies.  The Board also considered the 29 January 2021 advisory opinion (AO) furnished by Headquarters, Marine Corps (MMPR-1) and your rebuttal statement.   
 
The Board carefully considered your request for “correction of [your] record to reflect promotion to lieutenant colonel.”  The Board considered your contention you should have been below-zone for the Fiscal Year (FY) 2009 USMC Lieutenant Colonel Promotion Selection Board but were instead placed in-zone because the Marine Corps increased the zone size for the FY 2009 board.  The Board noted you were granted relief by a previous Board which removed your failures of selection incurred by the FY 2004, FY 2005, and FY 2006 USMC Major Promotion Selection Boards.  You were selected for promotion to major by the FY 2007 promotion selection board and a subsequent Board, in its decision of 14 June 2006, granted your request to backdate your promotion to major.  As a result, you were assigned a date of rank of 1 July 2003 which you contend unjustly placed you in-zone a year early for promotion to lieutenant colonel.  The Board also considered your contention that your delayed promotion to major and subsequent lack of observed time at that rank had a direct effect on your record.  Further, you contend you would have been selected for promotion to lieutenant colonel if you had been evaluated with your peers because your fitness reports were “stellar and were accompanied by significant personal awards.”   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted you were properly considered by the FY 2009 USMC Lieutenant Colonel Promotion Selection Board as an in-zone officer.  The Board, noting you again failed selection by the FY 2010 USMC Lieutenant Colonel Promotion Selection Board as an above-zone officer, concurred with the AO that your request to be promoted to lieutenant colonel should be denied.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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, 
                                                                               
5/17/2021
Executive Director