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

Docket No: 3761-21 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 27 July 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, as well as the 5 August 2020 advisory opinion (AO) provided by the Manpower Management Division Records & Performance Branch (MMRP-30) and your response. 

The Board carefully considered your request to back date your promotion to Sergeant Major effective Fiscal Year (FY) 2019 USMC Sergeant Major (E-9/SgtMaj) through Master Sergeant (E-8/MSgt) Promotion Selection Board. The Board considered your contentions that your approved promotion selection by the FY 2020 Enlisted Remedial Selection Board (ERSB) is sufficient to approve a back date of rank or to re-board your package for the FY 2019 ERSB. You claim that you failed selection to E-9 during the FY 2019 selection board due to an administrative error that would not have been able to be identified prior to the convening of the FY 2019 selection board and the Performance Evaluation Review Board (PERB) approved corrections to your record by increasing three attribute marks for your fitness report for the reporting period 1 July 2015 to 17 July 2016. You also claim that according to the Marine Corps Enlisted Promotions Manual (MARCORPROMAN), Marines will be granted consideration for all selection boards affected by error or injustice, beginning with the first board following the error or injustice. You further claim that you did your due diligence by speaking with your reporting senior (RS) and senior leadership about the low marks and relied upon them to ensure the accuracy of your report. 
 
The Board, however, determined that your date of rank will remain unchanged. In this regard, the Board noted that MARADMIN 451/18, released on 20 August 2018, announced the promotion zones for the FY 2019 SgtMaj through MSgt Selection Board and notified Marines that they are personally responsible for ensuring the accuracy and completeness of their official military personnel file and Master Brief Sheet before 2359 on 16 October 2018. The Board also noted that MARADMIN 635/18, released on 6 November 2018, announced approved selections for SgtMaj through MSgt, and you submitted your DD 149 to the PERB for correction to your record on 9 September 2019, ten months after the notification of approved selections. The Board noted, too, that according to the MARCORPROMAN, due diligence requires that a Marine identify errors, discrepancies, or an injustice in his/her record in a timely manner and initiate appropriate corrective action, and if the error is discovered and corrected following the adjournment of the board, the Marine must address the reason why the error could not reasonably have been discovered and corrected prior to the convening date of the board. The Board found no evidence that you initiated corrective action before the FY 2019 selection board convened and you provided none. The Board determined that your evidence and justification were insufficient to demonstrate your due diligence for FY 2019 promotion consideration. The Board also determined that each promotion board is unique and your selection by the FY 2020 ERSB is not a guarantee that you would have been selected for promotion during the FY 2019 ERSB. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 

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, 
8/16/2021