Docket No: 8955-19                                                                                 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. 
 
Your application was not filed in a timely manner.  A three-member panel of the Board, sitting in executive session, considered your application on 29 July 2020.  After careful and conscientious consideration of the entire record, the Board determined it would not be in the interest of justice to excuse your failure to submit your application in a timely manner.   
 
You were discharged in 1997 with an under other than honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record in the same year.  You did not file your application with this Board, however, until 2019, more than 22 years later.  
 
You contend that the Board should find it in the interest of justice to upgrade your discharge because you have become a better, more responsible man, father of three children, gainfully employed, continuing your education, and coaching and mentoring children who lack paternal guidance.  You further contend you now realize you made an error in judgment and did not fully comprehend the consequences of your actions.  Additionally, the Board should excuse your failure to submit your application in a timely manner because you would like to receive benefits that will possibly better my life and the lives of my children and would like to receive consideration for federal employment.  The Board determined, however, these were insufficient reasons to find it in the interest of justice to excuse your failure to submit your application in a timely manner.  The Board concluded that your request for consideration is denied due to the length of time since your discharge and lack of evidence to support your contentions. 
 
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. 
 
Sincerely,