DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1425-19 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 16 June 2020. 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. 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 issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 4 January 1974. During the period from 7 June 1974 to 30 October 1974, you received four nonjudicial punishments (NJPs) for being absent from your appointed place of duty on three occasions, dereliction of duty, and six days of unauthorized absence (UA) that ended in your apprehension. On 24 December 1974, you were counseled and warned that further misconduct could result in administrative discharge action. On 26 December 1974, you received NJP for three specifications of breaking restriction. On 13 February 1975 and 4 March 1975, you received NJP for four days of UA, being absent from your appointed place of duty, and breaking restriction. On 7 March 1975, you were convicted by SCM of 22 days of UA, two specifications of disobeying a lawful order, and disrespect. On 4 April 1975, you were notified of administrative discharge action. At that time, you refused to acknowledge the recommendation for an undesirable discharge (UD) due to unfitness. After being afforded your procedural rights, you elected to waive your right to request that your case be heard before an administrative discharge board. On 9 April 1975, your case was forwarded to the separation authority with the recommendation that you receive a UD due to unfitness. On 19 May 1975, the separation authority directed that you receive a UD for unfitness due to your frequent involvement with military authorities. On 2 June 1975, you were placed on legal hold pending the result of a shooting incident. On 10 June 1975, you began a period of UA. On 21 July 1975, your case for administrative separation was forwarded to the separation authority to request that you be discharged while in a UA status. On 24 July 1975, the separation authority directed that you be discharged from the Marine Corps in absentia. On 22 August 1975, your period of UA ended, and you were discharged from the Marine Corps in absentia with an other than honorable characterization of service. In regard to your contention that you were exposed to contaminated water while serving at Camp Public Law 112-154, “Honoring America’s Veterans and Caring for Camp 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. The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to have your characterization of service upgraded. The Board also considered your assertions that neurobehavioral effects caused both fatigue and depression, which you were experiencing during your time at Camp ; that you feel as though your condition was related to the Camp water contamination, which was uncovered, thus both your mood and energy levels were affected; and that these things hindered your abilities to be the best that you could be. The Board concluded these factors and assertions were not sufficient to warrant upgrading the characterization of your discharge given your seven NJPs, SCM conviction, and the fact that you were counseled and warned of the consequences of further misconduct. 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. Sincerely,