DEPARTMENT OF THE NAVY 

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

Docket No: 2015-16 
MAR 27 2017 

Dear 

This is in reference to your application for correction of your 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 of limitations 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 24 January 2017. The names and votes of the 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 polieies. 

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. 

You enlisted in the Marine Corps begin a period ofactive duty on 15 August 1980. During the 
period from 29 January 1982 to 14 April 1983, you received three nonjudicial punishments 
(NJP) for offenses including: unauthorized absence (UA), disobeying a lawful order, resisting 
arrest, drunk and disorderly, and wrongfully using marijuana. Your were also convicted by 
summary court martial (SCM) ofUA for three days and eight specifications ofbeing absent from 
your appointed place of duty. Subsequently, you were notified ofpending administrative 
separation action by reason ofmisconduct due to a pattern ofmisconduct. After you waived 
your procedural rights, your commanding officer recommended discharge under other than 
honorable (OTH) conditions by reason ofmisconduct due to a pattern of misconduct. The 
discharge authority approved this recommendation and directed separation. On 8 December 
1983, you were discharged with an OTH. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and contentions that you need 
health benefits from the Department of Veterans Affairs (DVA) and you served out your term of 
enlistment. The Board concluded that these factors were not sufficient to warrant relief given 
your misconduct. 

In this regard, the Board concluded that the seriousness ofyour repetitive misconduct, which 
resulted in three NJPs and a SCM, outweighed your desire to upgrade your discharge or the fact 
that you served out your enlistment and clearly supports the commanding officer's decision to 
issue you an OTH discharge. The Board also noted that individuals discharged by reason of 
misconduct can receive an OTH. 

Regarding your contention that you need health benefits from the DV A. Whether or not you are 
eligible for benefits is a matter under the cognizance of the DV A, and you should contact the 
nearest office ofthe DVA concerning your right to apply for benefits. Finally, the Board 
concluded that your misconduct was too serious to warrant upgrading your discharge. 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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