Docket No: 2474-19 
Ref: Signature date 
  
 
 
Dear : 
 
This letter 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 with respect to your request to upgrade your characterization of service 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 25 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.  The Board also requested, and considered, an advisory opinion (AO) provided by a medical doctor. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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 on 29 December 1971.  Between 11 August 1972 and 26 November 1976, you embarked on five episodes of unauthorized absence, as follows: 11 August 1972 to 12 August 1972; 10 November 1972 to 15 November 1972; 20 November 1972 to 21 February 1974; 1 March 1974 to 2 July 1974; and 19 August 1974 to 26 November 1976.  On 13 December 1976, you requested an undesirable discharge for the good of the service in order to escape trial by court-martial.  Your request was granted, and, on 23 December 1976, you were discharged with an other than honorable characterization of service. 
 
The Board carefully weighed all of your contentions and all potentially mitigating factors, including that you contend that you believe that your discharge was too harsh and that you made a mistake, but you are still a Marine.  You also desire to upgrade your discharge to get your life back on track.  The Board requested an AO on your case to evaluate your claim.  You did not submit any additional material, and the AO was based on the review of all available records.  You have previously been provided a copy of the AO.  According to the AO, 
 
Unfortunately, the Petitioner has submitted no information that he has a clinical diagnosis of any mental health condition as rendered by a mental health practitioner.  Additional information, such as medical records containing a diagnosis of a mental health condition associated with his military service and linked to his military misconduct is required to render an alternate opinion.  Should the Petitioner choose to submit additional clinical information, it will be reviewed in the context of his claims. 
 
The AO concluded by stating that, “at this time, based on the available evidence, it is my considered opinion that there is insufficient evidence of a mental health condition attributable to Petitioner’s military service that may have mitigated Petitioner’s misconduct.” 
 
After careful consideration of your contentions, including the AO described above, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
In regard to your contention that you were exposed to contaminated water while serving at   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 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.