DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3269-19
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 11 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. 

On 3 June 1983, you enlisted in the Marine Corps Reserve.  You began a period of active duty on 25 October 1983; you served honorably until 10 March 1984, at which time you were transferred to the reserves.  On 14 April 1984, you tested positive for drug use.  On 13 June 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse, at which point, you waived counsel and your procedural rights.  On 2 July 1985, your commanding officer recommended your discharge by reason of misconduct-drug abuse.  On 2 August 1985, your administrative separation proceedings were determined to be sufficient in law and fact.  On 5 August 1985, the discharge authority approved and directed your discharge.  On 22 August 1985, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that the water in Camp Lejeune caused PTSD and neurobehavioral effects, which resulted in your discharge.  The Board reviewed all material evidence submitted with your application.  Regarding your assertion, Public Law 112-154, HonoringAmerica’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.  The Board considered your contentions but concluded that your discharge was proper as issued, and that the severity of your drug related misconduct outweighed your current desire to upgrade your discharge. 

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,