DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9133-18 Ref: Signature Date Dear Petitioner: This 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 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 4 October 1983. On 26 August 1985, you were convicted by special court-martial (SPCM) of larceny. You were sentenced to confinement at hard labor, forfeiture of pay, and reduction in paygrade. On 31 October 1985, you were notified of an administrative action to separate you from the naval service due to commission of a serious offense. After being afforded all of your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) characterization of service. On 25 December 1985, the separation authority directed that you receive an OTH characterization of service due to commission of a serious offense. On 27 December 1985, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and legal name change in 1986. The Board also considered your contentions that you were a “dumb gay kid who wanted to stay in but, was strongly advised to get out because of [your] sexual orientation, which was not discuss[ed], but was assumed,” and that it was before the Don’t Ask, Don’t Tell policy. The Board concluded these factors and contentions were not sufficient to warrant re-characterization of your discharge given your SPCM conviction for a serious offense. Regarding your contention that you believe you were exposed to chemicals in the water 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 should contact the nearest office of the VA concerning your right to apply for benefits or appeal an earlier unfavorable determination. Regarding your name change, the Board considers applications for name changes to a Petitioner’s DD Form 214 to correct an error or remove an injustice. For relief you must provide justification demonstrating that having your former name on the DD Form 214 causes an injustice. Although the military record was correct at the time it was made, if you have legally changed your name and sex, or are the subject of gender reassignment, you may petition this Board to have your DD Form 214 changed to accurately reflect your present name and sex/gender. In this regard, the change may allow you to use your DD Form 214 without being subject to otherwise invasive questions about your personal history. 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.