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

Docket No: 8766-19 
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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 5 March 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.
 
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 and considered your case based on the evidence of record. 

You were discharged on or about 4 April 1986 with an under other than honorable conditions characterization of service.  According to your application, you presumably discovered the alleged error or injustice in your record on that same date.  You did not file your application with this Board, however, until September 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 you will not qualify for VA benefits, it in no way changes what the USMC or the Government will have to spend on you going forward, 33 years is a long time to carry a stigma, and the USMC made you a better man and you passed it on.  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.  

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,