DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7720-15 
MAY 2 0 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Marine Corps in December 1973. In February 1974, non-judicial punishment (NJP) was imposed on you for three days of unauthorized absence. That same month, on 19 February 1974, NJP was again imposed on you for assault and three specifications of Article 91, Uniform Code of Military Justice. On 7 May 1974, another NJP was imposed on you for sleeping on post. On 19 September 1974, you were convicted at a Special Court-Martial for aggravated assault and threatening to kill a Corporal. This resulted in a sentence of three months of confinement and Bad Conduct Discharge. Your Bad Conduct Discharge was finally approved on 31 December 1975 resulting in your discharge from the Marine Corps. On 18 October 1979, the Naval Discharge Review Board denied your request for an upgrade of the characterization of your service. The Board carefully considered your arguments that you deserve an upgrade of your characterization of service to a General and a change in the narrative reason for discharge to disability. You contend that the toxins contained in the base water supply impaired your cognitive functioning and, combined with your smoking and alcohol consumption, 
resulted in the behavior that led to your misconduct. Specifically, you allege that you suffered from depression, confusion, and anxiety. Unfortunately, .the Board disagreed wi.th your rationale for re.lief. You presented no evidence that you suffered from any of the claimed conditions during .your period of active duty or that those conditions made you unfit for continued naval service; requirements· for a disability discharge . The Board noted in your record a 4 October 1974 clinical psychologist evaluation conducted while you were serving your confi nement sentence from your court-martial conviction. That evaluation determined you showed no sign of psychosis, neurosis, or organic brain disease. The psychologist diagnosed you with an immature personality and determined you were fully qualified to return to duty. This evidence, and the lack of evidence supporting your allegations, convinced the Board that you were physically fit for active duty and would have qualified to return to the Marine Corps had you not been sentenced to a Bad Conduct Discharge. Accordingly, the Board was unable to find an error or injustice warranting a correct ion to your record and denied your application. The names and votes of t he members of the panel will be furni shed upon request. 

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 submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, i t is important to keep in mind that a presumption of regularity attaches to all official records. Consequentl y, 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, 

Executive Director 
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