Docket No: 8325-19 
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 votes of the Board members will be furnished upon request. 

You were discharged from the Marine Corps in 1998, with a bad conduct characterization of service.  According to your application, you discovered the alleged error or injustice in your record in 1997, in the year prior to your discharge. You did not file your application with this Board, however, until 2019, more than 22 years later. 

You contend that it would be in the interest of justice to excuse your failure to submit your application in a timely manner because despite your violation of the Uniform Code of Military Justice, Article 86, your oath to serve still stands.  The Board determined, however, that this was insufficient reason 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. 

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.