DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7082-18 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 for Correction of Naval Records (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, sitting in executive session, considered your application on 18 November 2018. 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 25 January 1983. On 22 July and 27 October 1983, you received nonjudicial punishment (NJP) for two instances of disobeying a lawful order, and participating in a breach of the peace. On 15 June 1984, you counseled concerning disorderly conduct, attempted assault, communicating a threat, and unlawful possession of a weapon. You were warned that further misconduct could result in administrative discharge action. On 21 June 1984, you were counseled concerning your absence from your appointed place of duty. Again, you were warned that further misconduct could result in administrative discharge action. During the period from 12 September 1984 to 8 March 1985, you received two additional NJP’s for disrespect, five instances of being absent from your appointed place of duty, and operating a motor vehicle while drunk. Additionally, you were counseled concerning the unauthorized use of controlled forms, failing to obey an order, and unauthorized absence. You were subsequently administratively separated from the Marine Corps due to a pattern of misconduct on 24 May 1985. The Board carefully weighed all potentially mitigating factors, such as your record of service, your request to upgrade your discharge, and your difficulty gathering evidence due to being incarcerated. The Board also considered your assertions that you were exposed to harmful contaminants while at stationed at in 1983, as your non-Hodgkin’s lymphoma can attest. Your doctor has stated the exposure can affect ones behavior in a negative way, and that you were insane due to being exposed to contaminated water while stationed at The Board concluded these factors and assertions were not sufficiently supported to warrant recharacterization of your discharge given your pattern of misconduct, which resulted in four NJPs, and that you were counseled multiple times that further misconduct could result in your separation from the Marine Corps. In regard to your contention that were exposed to contaminated water while stationed at the Board noted that Public Law 112-154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, requires the Veterans Administration (VA) to provide health care to Veterans with one or more of 15 specified illnesses or conditions. You may contact the nearest office of the VA concerning your right to apply for benefits or appeal an earlier unfavorable determination. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.