Docket No: 10555-19                                                                            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 17 September 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 from the Navy in July 1982, with an under other than honorable conditions character of service.  According to your application, you discovered the alleged error or injustice in your record in 1998.  You did not file your application with this Board, however, until 2019, more than 21 years later. 
 
You request that the Board upgrade your characterization of service from other than honorable to honorable.  You assert that the misconduct discharge was an administrative discharge and not considered “dishonorable”.  You ask that the error be removed because you were not dishonorably discharged.  The Board concluded that your request for consideration is denied due to the length of time since your discharge.  The Board further notes that your discharge is not considered dishonorable by the Department of the Navy and that you were discharged under other than honorable conditions.   
 
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, 
1/7/2021
Executive Director