DEPARTMENT OF THE NAVY 

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

Docket No: 2328-16 

Dear

This is in re~erence to your application for correction ofyour naval lcord pursuant to the 
provisions of title 10, 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 ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 23 November 2016. The names and votes ofthe members of the 
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. 

You enlisted in the Marine Corps and began a period ofactive duty on 29 November 1993. You 
served for nine months without disciplinary incident, but on 22 September 1994, you received 
nonjudicial punishment (NJP) for failure to obey a lawful general order and wrongfully operating 
a motor vehicle without a valid driver's license. 

On 11 January 1995, you made a written request for discharge for the good of the service to 
avoid trial by court-martial for stealing a black leather backpack and a black leather jacket the 
property ofa noncommissioned officer. Prior to submitting this request you conferred with a 
qualified military lawyer at which time you were advised ofyour rights and warned of the 
probable adverse consequences ofaccepting such a discharge. Your request was granted and the 
commanding officer directed your other than honorable (OTH) discharge. As a result ofthis 
action, you were spared the stigma ofa court-martial conviction and the potential penalties of a 
punitive discharge and confinement at hard labor. On 3 March 1995, you were discharged under 
OTH conditions. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, and your contention that you were told your discharge would upgrade to 
honorable in six months, that you lost your DD Form 214 during hurricane Katrina and need to 
gain admission to the Veterans hospital. Nevertheless, the Board concluded these factors were 
not sufficient to warrant relief in your case because ofthe seriousness ofyour misconduct that 
resulted in an NJP and request for discharge. In regard to your contention, there is no provision 
oflaw or in Marine Corps regulations that allows for recharacterization ofservice due solely to 
the passage oftime. Regarding your concern about eligibility for healthcare whether or not you 
are eligible for benefits is a matter under the cognizance ofthe Department ofVeterans Affairs 
(lpVA), and you should contact the nearest office ofDVAconcerning your right to apply for 
b~nefits. Accordingly, your application has been denied. 

The Board also reconunends that you should contact Headquarters, United States Marine Corps, 
Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Code MMER, 
to request anew copy of your DD Form 214. 

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 of new 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director