Docket No: 5723-19                                                                                                Ref: Signature date 
 
Dear : 
 
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 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 20 November 2019.  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 Navy and began a period of active duty on 4 March 1996.  On 19 May 2000, you received nonjudicial punishment (NJP) for failure to obey a lawful order.  You were awarded forfeitures of pay, restriction, extra duties, and reduction in rank.  On 16 June 2000, you received a second NJP for failure to obey as lawful order.  You were awarded forfeitures of pay, restriction and extra duties.  On 11 July 2000, you received a third NJP for missing restriction muster on three occasions.  You were awarded forfeitures of pay.  On 25 July 2000, administrative action was initiated to separate you from the naval service by reason of misconduct due to commission of a serious offense.  After being advised of, and waiving, your procedural rights, your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) (GEN) characterization of service, despite your three NJPs, because of your strong work performance.  The separation authority agreed and approved your separation from the Navy.  On 8 August 2000, you were discharged with a GEN characterization of service.  On 20 April 2011, the Naval Discharge Review Board (NDRB) rendered their decision that your discharge is proper as issued and no change is warranted.  The NDRB noted your contentions regarding your two refusals of a lawful order to take the Anthrax vaccine and that the Department of Defense has determined that “personnel whose duties are essential to mission critical capabilities are vaccinated against Anthrax, both for their personal protection and for the success of the military mission,” and that your GEN characterization was warranted because your record of service “constituted a departure from that expected of a Sailor in the U.S. Navy.” 
 
You request the Board upgrade your discharge to honorable.  You assert that you were discharged for refusing the Anthrax vaccine during a deployment in 2000 because you believed the vaccine was unsafe, untested, and violated ethical principles of informed consent.  You stated you do not dispute the legality of the order to vaccinate or any of the events that transpired.  Lastly, you stated that 19 years have passed and you would like to have “this blemish” removed from your record.  You have completed a college degree, a medical degree, secured a residency in internal medicine, and plan on practicing at a Veterans Administration facility.  In support of your petition, you attached copies of your diplomas from  and the  University of the , School of Medicine, and your residency documentation from Hospital in . 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions.  However, the Board concluded that these factors were insufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs for disobeying lawful orders.  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. 
 
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,