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

Docket No: 6975-19 
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, sitting in executive session, considered your application on 7 February 2020.  After careful and conscientious consideration of the entire record, the Board determined that it would not be in the interest of justice to excuse your failure to submit your application in a timely manner.  The names and votes of the Board members will be furnished upon request.
 
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. 

You contend that the Board should find it in the interest of justice to excuse your failure to submit your application in timely manner because if you filed in less than three years, that would not have been sufficient time to prove that this was out of character, that twenty years have passed, and you have proven that this was not your usual character. The Board found this explanation unpersuasive.  Accordingly, the Board determined that excusing the untimeliness of your filing is not in the interests of justice or in the exercise of the Board’s discretion.  Because the Board’s untimeliness determination is dispositive of your application, the Board did not evaluate the character reference letters submitted with your application or otherwise address the merits of your case.  For the foregoing reasons, the 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, 

3/13/2020