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

Docket No: 9780-19 
Ref: Signature Date 

Dear

This is in reference to your application of 10 September 2019 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 that 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 3 February 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, and applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 6 September 1984.  On 18 November 1986, you received non-judicial punishment (NJP) for failure to obey a lawful order and were awarded forfeiture of pay, restriction, and extra duties.  On 20 January 1987, you were convicted of child abuse in civilian court  and sentenced to 3 years confinement.  On 9 March 1987, administrative discharge action was initiated by reason of misconduct due to civilian conviction.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) discharge and the separation authority approved your separation from the Navy/Marine Corps.  On 21 March 1987, you were discharged with an OTH characterization of service. 

You request that the Board upgrade your discharge.  You assert you were wrong, however, you have grown mentally and you are not that person any longer, and it was over 32 years ago.  You state the Marine Corps instilled a set of values that you now follow, and recently you graduated from Community College with honors and made the President’s List.  Lastly, you were stationed at  from January 1985 until May 1987 and were informed about the problems with the drinking water and would like to receive benefits to address it.  In support of your petition, you attached copies of your transcripts and diploma. 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  Lastly, in regard to your contention that you need Department of Veterans Administration (VA) benefits to help with medical care due to being exposed to toxic water while stationed at .  The Board noted that 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. 

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,