DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1682-19 Ref: Signature Date Dear This is in reference to your application of 28 December 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 March 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 14 February 1980. On 31 March 1983, you received non-judicial punishment (NJP) for an unauthorized absence for the period from 30 January 1983 to 14 February 1983. On 22 August 1983, you submitted a written request for separation in lieu of trial by court-martial for two specifications of unauthorized absence totaling 60 days and eight specifications of failure to go. Prior to submitting this request, you conferred with a military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge. As part of this discharge request, you admitted your guilt to the foregoing charges and specifications and acknowledged that your characterization of service upon discharge would be other than honorable (OTH). Your request was granted and your Commanding Officer was directed to issue you an OTH characterization of service discharge by reason of separation in lieu of trial by court-martial. On 21 September 1983, pursuant to your request, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation on your behalf and desire to upgrade your discharge. The Board considered your contention that you joined the Marine Corps at 17 years old and faced a lot of discrimination. You contend that you were a perfect Marine, always in the top 10% until you became a maintenance control noncommissioned officer. You further contend that you are a victim of the Camp Lejuene contaminated water. The Board commends you on your post-service conduct and achievements, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP and subsequent discharge at your request to avoid trial by court-martial. Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. Concerning your contention of discrimination, there is no indication in the record that such problems, if they existed at the time of your service, were serious as to excuse you of responsibility for your actions or were sufficiently mitigating to warrant recharacterization of your discharge. Regarding your contention that you are a victim of the Camp Lejeune contaminated water, Public Law 112-154, Honoring America’s Veterans and Caring for Camp Lejeune 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 (DVA) 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. Sincerely,