Docket No: 8258-19 
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 5 March 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.  The names and Board members will be furnished upon request. 

You were discharged in 1989 with an under other than honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record the following year but thought it would eventually be corrected.  After applying for benefits in 2018, you learned it had not been corrected so you filed your application with this Board in April 2019, almost 30 years later. 

You contend that the Board should find it in the interest of justice to upgrade your discharge because you were discharged due to conflict with your immediate supervisor and one bad check.  Additionally, the Board should excuse your failure to submit your application in a timely manner because you were told it would be changed to honorable in six months but you did not realize the change had not been made until you applied for benefits in 2018. 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.  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.