Docket No: 9123-19                                                                                 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.  You did not list a date of discovery of the alleged error or injustice on your application.  You did not file your application with this Board until 2019, more than 35 years after your discharge.  
 
You contend that the Board should find it in the interest of justice to upgrade your discharge because your service was honorable and, to this day, you “get depressed and hurt” about your discharge.  You further contend an injury to your knee while on active service resulted in knee surgery which hindered you from continuing service.  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,