Docket No: 5147-19 
Ref: Signature Date 

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 23 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. 
 
You enlisted in the Marine Corps on 19 December 1977.  According to the information in the record, on 3 April 1979, a special court-martial (SPCM) convicted you of unauthorized absence (UA) totaling 302 days.  You were also in a UA status for 3 April 1979 to 15 May 1979 totaling 42 days.  On 3 February 1982, you received non-judicial punishment (NJP) for wrongful possession of marijuana and drug paraphernalia.  You were also in a UA status from 16 February 1982 to 27 March 1982 totaling 40 days and from 29 March 1982 to 6 April 1982 totaling eight days.  At an unidentified time, you submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that prior to submitting this request, you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and your commanding officer (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service.  As a result of this action, you were spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge.  On 20 July 1982, you were discharged. 
 
As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumed that you were properly discharged from the Marine Corps. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were told you were receiving a less than honorable discharge not a dishonorable discharge; you would have never agreed to that with the little time you had left on your contract; and you went UA because, after getting caught with marijuana, you started getting harassed, bullied, and assaulted by the barracks staff sergeant.  The Board also noted your contentions that you received the Good Conduct Medal (GCM), you need Department of Veterans Affairs (VA) medical benefits due to being part of the Camp Lejeune Contaminated Water crisis, and you served honorably.  However, the Board found that these factors were not sufficient to warrant relief in your case given your misconduct and request for a GOS discharge in lieu of a trial by court-martial. 
 
In regard to your contentions that you were told you were receiving a less than honorable discharge not a dishonorable discharge and you went into a UA status due to being harassed, bullied, and assaulted after getting caught with marijuana, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  In regard to your contention that you received the GCM, the Board noted there is no documentation in you record of you being awarded the GCM, and you provided none, to prove otherwise.  In regard to your contention that you need VA medical benefits due to being part of the Camp Lejeune Contaminated Water crisis, 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 VA concerning your right to apply for benefits or appeal an earlier unfavorable determination.  Regarding your contention that you served honorably, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.  In summary, the Board found no evidence of an error or injustice in your discharge that warrants an upgrade in the characterization of your service. 
 
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,                                                                                              

733132020