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


Docket No: 6922-19 
Ref: Signature Date 

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 7 February 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. The names and votes of the Board members will be furnished upon request. 

You were discharged on 5 November 1986 with an other than honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record on that same date.  You did not file your application with this Board, however, until 2019, more than 33 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 “it remains an issue of honor and injustice” with you.  The Board found this explanation unpersuasive.  Accordingly, the Board did not find it in the interest of justice to excuse the untimeliness of your filing.  Moreover, your application does not appear to include credible supporting evidence to corroborate your claims of error or injustice.  Because the Board did not find it in the interest of justice to consider your application, however, the Board did not otherwise address the merits of your case.  For the foregoing reasons, your application is denied. 
 
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,