DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 1925-20  
Ref: Signature Date 

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 12 March 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, policies.   
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 

You were appointed as an ensign in the Navy on 30 December 1991.  Your record is incomplete in that it does not contain documentation from your nonjudicial punishment (NJP), but, based on a review of your fitness report and the Naval Discharge Review Board (NDRB) report, it appears that you received NJP for insubordinate conduct and making a false official statement.  Your record also does not contain a Report of NJP or administrative separation documentation, but a review of your Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that you submitted a resignation request in order to avoid administrative separation processing.  On 30 June 2000, you resigned in lieu of administrative separation with a general (under honorable conditions) characterization of service by reason of misconduct.   

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were unjustly punished after refusing to be injected with the anthrax inoculations, to include being removed from fight status and receiving a letter of reprimand that, you claim, “essentially nullified [your] many years of hard work and sacrifice as an officer.”  You further contend that this “black mark” has hindered your post-service career as a pilot, prevented you from receiving job offers from major airlines, and adversely affected your ability to provide for your family.  The Board also considered your contention that the federal court’s determination in Doe v. Rumsfield made it a violation of federal law for military personnel to be subjected to involuntary anthrax inoculations.  The Board noted the NDRB report that stated you lied to your superiors that you had taken the vaccine and “then involved another sailor” to falsify your inoculation records to reflect you had started the anthrax series.  The Board, noting your false official statement and lack of post-service information or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service or changing your separation code and narrative reason for separation.  Based on your misconduct, the Board determined that you were assigned an appropriate characterization of service and separation data. 

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, 

3/31/2020 

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