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

Docket No: 2616-19 
Date: Ref Signature 

Dear :
 
This is in reference to your application of 20 February 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 23 April 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.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Marine Corps and began a period of active service on 12 October 1995.  On 3 October 1996, you received non-judicial punishment (NJP) for larceny, and unauthorized absence (UA).  On 16 February 1999, you submitted a memorandum explaining your refusal to receive the anthrax vaccination.  On 18 February 1999, you were counseled regarding your need to submit yourself for required inoculations.  You were notified that failure to correct may result in adverse administrative action to include administrative separation processing.  On 9 March 1999, you received NJP for two specifications of willfully disobeying an order from a superior commissioned officer, specifically to submit to an anthrax vaccination.  You were discharged on 15 June 1999, with an other than honorable (OTH) characterization of service for misconduct. 

The Board carefully weighed all potentially mitigating factors in your case, including your request of  reinstatement of your GI Bill, your desire to upgrade your discharge, and contention your discharge was based off of your refusal to receive the anthrax vaccine.  You state you had multiple reasons for refusal and shortly after your discharge the vaccine became no longer mandatory.  Despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline.  The Board noted you were sufficiently notified by your chain of command of potential adverse actions.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

The Board also noted that there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans education benefits.  The Department of Veterans Affairs (VA) determines eligibility for post-service education benefits, not the Board.  You should contact the nearest office of the VA concerning your right to apply for benefits. 

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,