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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 20 August 2020.  After careful consideration, the Board determined that it would not be in the interest of justice to excuse your failure to submit your application in timely manner. 
   
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
You were discharged on 7 September 1992 for misconduct with an other than honorable conditions characterization of service.  According to your application, you discovered the alleged error or injustice in your record in August 1992.  You did not file your application with this Board, however, until October 2019, more than 27 years later. 
 
You contend that the Board should find it in the interest of justice to excuse your failure to submit your application within three years of the date of your discovery of the alleged error or injustice because “I was not aware of any guidelines stipulating time frames or expiration dates regarding disputing military service records claims. I was never charged, prosecuted or found guilty of any of the alleged accusations resulting in my discharge from the service. In all honesty I would have proudly retired from the Military if this unfortunate event had not put a black mark on my other wise stellar service record. I feel like my discharge and my reason for discharge were unjust, unfair and extremely harsh and I would like my record changed to reflect my good standing, good character and otherwise stellar US Navy Service Member career record.”  The Board determined, however, that these were insufficient reasons to find it in the interest of justice to excuse your failure to submit your application in a timely manner.  In reaching this conclusion, the Board determined 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, 
Microsoft Office Signature Line...