Docket No: 9599-19                                                                                 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 17 September 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 from the Navy on 27 November 2002, with a general under honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record the same year.  You did not file your application with this Board, however, until 2019, approximately 17 years later. 
 
You request that the Board change your separation code and a change to your narrative reason for separation.  You would like to change the reference from “Fraudulent Enlistment into Military Service” on your Certificate of Release or Discharge from Active Duty (DD Form 214).  You state that you were open and honest with your recruiter, and the recruiter did not disclose all the information on your records.  You assert that there was much pressure for enlistment due to 9/11, and you provide the name of the recruiter with whom you worked.  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,