Docket No: 9499-19
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 20 August 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 in 1995.  According to your application, you discovered the alleged error or injustice in your record in 1995.  You did not file your application with this Board, however, until 2019, more than 24 years later. 
 
You request that the Board upgrade your characterization of service.  You state that while in the Navy, you started to have a problem with alcohol.  You contend that every incident you encountered was alcohol related.  You state that you are a single father of a 9 year old and a 12 year old, and have been in your job for over 6 years.  You assert that you are not the same individual as you were in 1995, and provide a letter from the Commanding Officer of USS  dated 21 April 1995, in which the Commanding Officer noted that you displayed the qualities of a good worker.  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 regarding your post-service accomplishments. 
 
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,