Docket No. 5425-19 
Ref: Signature date 
 
  
Dear Mr. : 
 
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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it to be 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 12 August 2020.  The names and votes of the panel members 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 records, and applicable statutes, regulations, and policies. 
 
You enlisted and began a period of active duty in the Marine Corps on 21 April 1983.  On 27 October 1983, you received nonjudicial punishment for unauthorized absence (UA) in violation of Article 86, Uniform Code of Military Justice (UCMJ).  On 17 November 1983, you commenced another period of UA until surrendering yourself on 23 February 1984.  By memorandum dated 2 March 1984, you requested to be discharged in lieu of facing a trial by court-martial.  On 15 March 1984, you were discharged under other than honorable conditions pursuant to your request.   
 
You have asserted that your discharge should be upgraded because the high level of contaminants in the water at Camp Lejeune adversely impacted your behavior and decision-making.  You contend you were a good Marine prior to being stationed at Camp Lejeune and consuming the contaminated water.  You also asserted that you have been diagnosed with depression and ADD (Attention Deficit Disorder), but you did not provide any documentation of these conditions after the Board requested such documentation.  After careful consideration of your contentions, the Board found insufficient evidence to support your assertions and did not find evidence of any error or injustice warranting an upgrade to your characterization of service. 
  
In regard to your contention that you were exposed to contaminated water while serving at Camp Lejeune, please be aware that the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012” (Public Law 112-154) requires the Department of Veterans Affairs (VA) to provide health care to veterans with one or more of 15 specified illnesses or conditions.  You may contact the nearest VA office 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 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,