DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1662-16 
FEB 0l 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 November 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence ofrecord. 

You enlisted in the Marine Corps and began a period of active duty on 19January1979. You 
served for two months without disciplinary incident, but during the period from 21 March 1979 
to 24 July 1981, you received nonjudicial punishment (NJP) on four occasions; you were 
convicted in civil court, for possession ofmarijuana and failure to disperse; and you were 
convicted at Summary court-martial (SCM), for disorderly conduct, disrespect, and willfully 
disobeying a lawful order. Subsequently, you were notified ofpending administrative separation 
by reason ofmisconduct due to frequent involvement of a discreditable nature with civil and 
military authorities. At that time, you were advised ofyour rights, which included the right to 
present your case to an Administrative Discharge Board (ADB), as well as the right to consult 
with a qualified military attorney. You waived all procedural rights. Your commanding officer 
recommended discharge under other than honorable conditions by reason ofmisconduct, due to 
frequent involvement with civil and military authorities. The discharge authority approved the 
recommendation and directed separation under other than honorable conditions by reason of 
misconduct. On 21 January 1982 you were discharged with an other than honorable 
characterization ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you were injured by three marines ana your 
awards are missing from your records. Nevertheless, the Board concluded these factors were not 
sufficient to warrantieliefin your case, based on the seriousness ofyour repeated misconductwhich 
resulted info NJPs, an SCM, and a civil conviction. Further, you were given an 
opportunity to defend your actions, but waived your procedural rights. Regarlding your 
contention that you were attacked, the Board noted that the record contains documentation that 
you were struck in the face during a fight. You were treated overnight in the hospital and 
discharged to two days oflight duty. Ultimately, the Board concluded that the severity ofyour 
misconduct outweighed your desire to upgrade your discharge. Finally, whether or not you are 
eligible for healthcare benefits is a matter under the cognizance ofthe Department ofVeterans 
Affairs (DVA), and you should contact the nearest office ofDVA concerning your right to apply 
for benefits. Accordingly, your application has been denied. 

To request administrative corrections to your Certificate ofRelease or Discharge from Active 
Duty (DD Form 214) such as your awards, you should contact Headquarters, United States 

Marine Corps, Deputy Chief ofStaff for Manpower and Reserve Affairs (M&RA) 
It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

 
Executive Director