DEPARTMENT OF THE NAVY 

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

 
Docket No: 9700-17 
Ref: Signature date 

Dear 
This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was insufficient to establish the existence of 
probable material error or injustice. Consequently, your application has been denied. 

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 three-
member panel of the Board for Correction of Naval Records (BCNR), sitting in executive 
session, considered your application on 22 February 2019. The names and votes of the members 
of the panel will be furnished upon request. Your allegations of error 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, relevant portions of your 
naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 30 January 1980. You 
served for about a year without disciplinary incident, but during the period from 18 January 1981 
to 7 October 1983, you received nonjudicial punishment (NJP) on six occasions. Your offenses 
were failure to go to your appointed place of duty, insubordinate conduct toward a 
noncommissioned officer, disrespect toward a superior commissioned officer, willfully 
disobeying a superior commissioned officer, and communicating a threat. On 15 February 1984, 
you were convicted by special court-martial (SPCM) of unlawfully receiving stolen property of a 
value more than $1,000 and communicating a threat. The sentence imposed was confinement at 
hard labor, a forfeiture of pay, reduction in paygrade, and a bad conduct discharge (BCD). On 
4 September 1986, you received a BCD after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, including your medical condition, 
your desire for an upgrade to your characterization of service to be eligible for full benefits from 
the Veterans Administration, and your contention that your medical condition is due to being 
stationed at                   . The Board concluded these factors and contention were not 
sufficient to warrant relief in your case because of the seriousness of your repeated misconduct 
that resulted in six NJPs and an SPCM. In regard to your contention, the Board was sympathetic 
to your neurology condition but, there is no requirement or law that grants recharacterization 
solely on the issue of obtaining veterans benefits. The Department of Veterans Affairs (VA) 
determines eligibility for post-service benefits, not the BCNR. You should contact the nearest 
office of the VA concerning your right to apply for benefits. The Board in its review discerned 
no material error or injustice in the discharge or the characterization of service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new matters. New 
matters are those not previously presented to or considered by the Board. In this regard, it is 
important to keep in mind that a presumption of regularity 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, 

5/20/2019