Docket No: 0257-19 
Date: Ref Signature 
 
 
 
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 18 December 2019.  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. 
 
You enlisted in the Marine Corps and began a period of active service on 6 January 1959.  From the period beginning on 21 June 1960 to 4 February 1961 you received non-judicial punishment (NJP) on three occasions for three specification of unauthorized absence (UA).  From the period beginning on 22 March 1961 to 5 October 1962 , you were convicted three summary court-martials (SCM) for three specifications of UA, UA from your appointed place of duty, and wrongful appropriation of US Government property.  On 29 October 1962, you were notified of separation processing and waived counsel and your procedural rights.  On 2 November 1962, you received your fourth SCM conviction for UA.  On 16 November 1962, your commanding officer recommended your discharge by reason of misconduct-frequent involvement of a discreditable nature with military authorities.  On 27 November 1962, you were recommended for discharge by reason of frequent involvement.  On 4 January 1963, you were discharged with an other than honorable (OTH) characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contention you were not informed of the reason for your discharge.  You contend, you have suffered significant illness due to contaminated water at .  The Board determined you were sufficiently notified of the initiation of administrative separation proceedings.  The Board concluded that the severity of your misconduct which resulted in three NJPs, and four SCM outweighed your current desire to upgrade your discharge.  The Board in it review discerned no material error or injustice in the discharge. 
 
Regarding your assertion, 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 may contact the nearest office of the Department of Veterans Affairs concerning your right to apply for benefits based on a limited period of your service 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.