DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1026-16 FEB 05 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 1552 Encl: ( 1) DD Fann il9 (2) Subject's naval record 1. Pursuant to the provisions ofreference (a), Petitioner, a former member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade to his characterization ofservice, that his foreign service be listed on his Report of Separation from Active Duty (DD Form 214) and why he was not infonned about the contaminated water at Camp Lejeune. 2. The Board, consisting of , reviewed Petitioner's determined that the partial corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. b. Although his application was not filed in a timely manner, the Board found it in the interest ofjustice to waive the statute of limitations and consider his case on its merits. 4. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 20 February 1973. On 6 January 1976, he received nonjudicial punislunent (NJP) for 213 days of unauthorized absence. On 9 January 1976, he began another period of UA that lasted 74 days, ending on 24 March 1976. Subsequently, he submitted a written request for a good ofthe service discharge in order to avoid trial by court-martial for 70 days of UA. Prior to submitting his request for discharge, he conferred with a qualified military lawyer, was advised ofhis rights, and was warned ofthe probable adverse consequences ofaccepting such.a discharge. His request for discharge was granted and on 7 May 1976, he received an undesirable (other than honorable) discharge for the good ofthe service in lieu of trial by court-martial. As a result ofthis action, he was spared the stigma ofa cou1i-martial conviction and the potential penalties ofa punitive discharge and confinement at hard labor. 5. Petitioner's record shows that he served overseas with from 15 February 1974 to 14 March 1975, a period of"01 00 30." 6. With regards to his assertion that he was not inform about the contaminated water at Camp Lejeune, Public Law 112-154, Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, requires the Veterans Administration to provide health care to Veterans with one or more of the 15 specified illnesses or conditions. CONCLUSION: The Board concluded that the Petitioner did not provide any proof that his discharge is either an error or an injustice, and that his characterization of service shall remain under other than honorable conditions. The Board found that considerable clemency was extended to him when his request for discharge was approved. The Board also concluded that he received the benefit of his bargain with the Marine Corps when his request for discharge was granted and that he should not be pennitted to change it now. However, the Board finds that he should receive credit for foreign and/or sea service when he was attached to the Board concludes that Petitioner's request warrants partial favorable relief. In view of the above, the Board directs the following corrective action. RECOMMENDATION: a.That Petitioner be issued a DD Fonn 215, Correction to DD Fonn 214 stating that he has "O l 00 30" of overseas service. b. That no further relief be granted c. That Petitioner should contact the nearest office ofthe Department of Veterans Affairs concerning his right to apply for benefits regarding the contaminated water at Camp Lejeune, d. That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 4. It is ce1iified that quorum was present at the Board's review and deliberations, and that the foregoing is a trne and complete record ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Sectio~1 6(~) of the revised Procedures of the Board for CoITection of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing coITective action, taken under the authority ofreference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director