DEPARTMENT OF THE NAVY 

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

Docket No. 8310-18 
Ref: Signature Date 

Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 28 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 and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Marine Corps in February 
1983. Medical records document that you sought medical treatment for back pain after reporting 
being injured while riding in a military vehicle in August 1983. The following month, nonjudicial 
punishment was imposed on you for an alcohol related incident during which you 
punched a glass door and engaged in disorderly conduct while intoxicated. You entered alcohol 
rehabilitation treatment after the incident but was expelled on 3 November 1983 for noncooperation 
and consuming alcohol. On 1 January 1984, you were involved in a motor vehicle 
accident while consuming alcohol resulting in contusions and abrasions to your back and legs. 
On 7 March 1984, you were convicted by a Summary Court-Martial for unauthorized absence 
and wrongful use of marijuana. Based on your history of misconduct, you were notified of 
administrative separation processing on 18 March 1984. You were medically cleared for 
separation on 12 April 1984 and discharged on 4 May 1984 with an Other than Honorable 
characterization of service for pattern of misconduct. The Naval Discharge Review Board 
denied your request for an upgrade to your characterization of service in March 1987. 

The Board carefully considered your arguments that you deserve a disability discharge based on 
the back injury you suffered while on active duty. You provided evidence that you are no longer 
able to work as a plumber due to symptoms related to your back condition. Unfortunately, the 
Board disagreed with your rationale for relief. First, the Board found insufficient evidence to 
support a finding that you were unfit for continued naval service at the time of your discharge 
from the Marine Corps due to a disability condition. The medical evidence shows you were 
diagnosed with a back strain in August 1983. This condition did not result in your placement on 
limited duty or prevent you from performing the duties of your office, grade, rank or rating. 
Your separation physical noted you suffered from a pulled back muscle. However, your treating 
physician determined your condition was not a permanent disability condition and did not 
require a referral for further treatment before concluding you were physically fit for separation. 
Based on this evidence, the Board concluded insufficient evidence of unfitness for continued 
naval service exists to support a finding that your narrative reason for separation should be 
changed to disability. Second, the Board concluded you were ineligible for disability benefits 
based on your misconduct and administrative separation for pattern of misconduct. Disability 
regulations directed misconduct processing supersede disability processing. Therefore, the 
Board reached the conclusion that, even if you were suffering from a qualifying disability 
condition, you were properly discharged for misconduct by the Marine Corps. Accordingly, the 
Board found insufficient evidence of error or injustice to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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, 

3/4/2019 

Executive Director