DEPARTMENT OF THE NAVY 

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

Docket No: 2482-16 

Dear : 

This is in reference to your apdication for correction ofyour naval record pursuant to cle 
provisions oftitle 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 16 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 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. 

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 12 September 1973. You 
served for a year without disciplinary incident, but during the period from 23 October 1974 to 
10 January 1975, you received nonjudicial punishment (NJP), on three occasions. Your offenses 
were unauthorized absence (UA) from your appointed place ofduty, and wrongful possession of 
a narcotic (valium). On 19 May 1975, you were UA from your unit until you were apprehended 
by civil authorities on 18 September 1975 a period of 122 days. On 23 September 1975 you 
were again UA from your unit until 25 September 1975 an additional period ofthree days. 

On 28 October 1975, you made a written request for discharge for the good ofthe service to 
avoid trial by court-martial for the aforementioned periods ofUA. Prior to submitting this 
request you conferred with a qualified military lawyer at which time you were advised ofyour 
rights and warned ofthe probable adverse consequences of accepting 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 ofa punitive discharge and confinement at hard labor. On 
10 November 1975, you were discharged under OTH conditions. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that ifyou had not been bullied you would not have 
gone UA; you would have finished your time and received an honorable discharge. 
Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case 
because ofthe seriousness of your repeated misconduct that resulted in three NJPs, periods of 
UA totaling more than four months and request for discharge. The Board believed that 
considerable clemency was extended to you when your request for discharge to avoid trial by 
court-martial was approved. Further, the Board concluded that you received the benefit ofyour 
bargain with the Marine Corps when your request for discharge was granted and should not be 
permitted to change it now. In regard to your contention, the Board was not rersuaded by the 
mitigating statement~hat you would not have gone UA if you had not been bullied. The Board 
noted that there is no evidence in your record, and you submitted none, to support your 
contention of being bullied. In the end the Board concluded that the severity of your misconduct 
outweighed your desire to upgrade your discharge. Accordingly, your application has been 
denied. 

Regarding your medical issues you feel are associated with your time 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 15 specified illnesses or conditions. You should contact the nearest office of the Department 
ofVeterans Affairs (DVA) concerning your right to apply for benefits or appeal an earlier 
unfavorable determination. 

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