DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2168-19 Ref: Signature Date 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 April 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 16 May 1979. During the period from 5 December 1980 to 30 November 1982, you received four non-judicial punishments (NJP) for three periods of failure to go at the time prescribed to your appointed place of duty and for disobeying a noncommissioned officer. On 25 February 1983, you received your fifth NJP for wrongful use of marijuana. Subsequently, you were notified of pending administrative action to separate you from the naval service. You were advised of and elected your right to consult with military legal counsel. After consulting with military legal counsel, you waived your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved your CO’s recommendation and directed that you be discharged with an OTH characterization of service. On 19 April 1983, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contentions that your discharge was unfair, that you were “charged” with misconduct-minor disciplinary infractions due to being late to formation, and that you were unfairly treated by your superiors and unjustly discharged from the military service. You further contend that you have “HPV cancer” that requires medical facilities covered by the Department of Veterans Affairs (DVA) and request that your status be changed in order to receive medical attention. You have been homeless due to being unable to receive proper help because of your discharge. While the Board sympathizes with your medical condition, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in five NJPs. Therefore, under the totality of the circumstances, the Board discerned no probable material error or injustice in your discharge. Regarding your contentions that your discharge was unfair and your superiors unfairly treated you, there is no evidence in your record, and you presented none, to support these contentions. Further, regarding your concern about eligibility for healthcare provided by the DVA, your eligibility is a matter under the cognizance of the DVA. In this regard, you should contact the nearest DVA office concerning your rights, specifically, whether or not you are eligible for benefits. 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 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, 5/1/2020