Docket No: 8933-19                                                                                 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, sitting in executive session, considered your application on 29 July 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.   
 
You were discharged in 1985 with an under other than honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record in the same year.  You did not file your application with this Board, however, until 2019, more than 34 years later.  
 
You contend that the Board should find it in the interest of justice to upgrade your discharge because you served honorably prior to your requested discharge.  Specifically, you contend you received three meritorious advancements, passed in first increment for the E-5 ranking, and maintained a 4.0 on evaluations.  You further contend you served honorably during the   police action and during the invasion of   .  Lastly, you contend you chose to be discharged rather than complete a simple drug treatment due to issues regarding personal life.  Additionally, the Board should excuse your failure to submit your application in a timely manner because you served honorably.  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.  The Board concluded that 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. 
 
Sincerely,