Docket No: 9802-19
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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 20 August 2020.  After careful consideration, the Board determined that it would not be in the interest of justice to excuse your failure to submit your application in a timely manner.   
 
You were discharged on or about 3 November 1978 with an other than honorable characterization of service.  According to your application, you discovered the alleged error or injustice in your record the same day.  You did not file your application with this Board, however, until September 2019, more than 41 years later. 
 
You contend that the Board should find it in the interest of justice to excuse your failure to submit your application within three years of the date of your discovery of the alleged error or injustice because “I’m requesting an upgrade to my Other Than Honorable discharge so I can seek healthcare benefits.”  The Board determined, however, that this was insufficient reason to find it in the interest of justice to excuse your failure to submit your application in a timely manner.  In reaching this conclusion, the Board determined your request for consideration is denied due to the length of time since your discharge and lack of evidence to support your contentions in your application and personal statement.   
 
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,