DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490
                
Docket No: 7162-18 
Ref: Signature Date 

Dear  
 
This letter is in reference to your application of 8 August 2018 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 that 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 11 September 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 21 January 1983.  On 15 February 1983, you received non-judicial punishment (NJP) for an unauthorized absence and willfully disobeying an order.  On 8 August 1985, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling 126 days and wrongful use of a controlled substance (marijuana).  On 9 October 1985, you received your second NJP for an unauthorized absence.  On 22 November 1985, you were convicted at your second SCM of an unauthorized absence totaling seven days.  Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB).  The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) character of service.  The separation authority approved the CO’s recommendation and directed that you be discharged with an other than honorable (OTH) character of service.  On 17 January 1986, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge for health reasons.  The Board also considered your submitted documentation concerning The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in two NJPs and two SCMs.  Further, the Board noted you were given an opportunity to defend your actions, but waived your procedural right to present your case before an ADB.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
In regard to your contention and submission of supporting documentation concerning contaminated water at  please note that Public Law 112-154, Honoring America’s Veterans and Caring for  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 of Veterans Affairs 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.