Docket No: 9693-19
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 1991 with a general (under honorable conditions) characterization of service.  According to your application, you discovered the alleged error or injustice in your record in 1991.  You did not file your application with this Board, however, until 2019, more than 28 years later. 
 
You request that the Board upgrade your characterization of service and state that your discharge was unjust because you were caught up in the failure of your command to supervise a senior crew member in the completion of his duties.  You assert that your Commanding Officer did not care to investigate the chief petty officer or the junior officer who was above him; the breakdown of control from an E-7 placed you and others in your division in a losing situation.  You note that prior to the breakdown, you were recommended for reenlistment and advancement, and received a letter of commendation.  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,