Docket No: 9030-19                                                                                 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 1984 with an 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 35 years later.  
 
You contend that the Board should find it in the interest of justice to remove references and redact words from a letter in your record authored by a Staff Sergeant in November 1983.  You contend the changes should be made because you were never convicted of either driving under the influence or for having an open container and this information in your record slanders your reputation.  Additionally, the Board should excuse your failure to submit your application in a timely manner even though so much time has passed and despite the absence of paperwork or documentation for these incidents.  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 that the letter slandered your reputation with military authorities.    
 
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,