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NAVY | BCNR | CY2007 | 09492-07
Original file (09492-07.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
          WASHINGTON DC 20370-5100        


CRS
Docket No: 9492-07
          30 May 2008







This is in reference to your application for reconsideration for correction of your naval record pursuant to the provisions of Title 10 of the United States Code section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on, 29 May 2008. 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, your naval record and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 29 July 1996. On 13 September 1998 you received nonjudicial punishment for refusing to be vaccinated against anthrax. On 2 April 1999, you were separated from the Navy by reason of misconduct/commission of a serious offense with a general discharge. The specific basis for your discharge is not shown in the available records.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contentions that you refused the vaccination out of concern for your future well being, and that you served in a combat zone even though you did not receive the vaccination . The Board concluded that those factors were insufficient to warrant changing the characterization of or basis for your discharge. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 and material
 evidence or other matter not previously 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,


W. DEAN PFEIFFER
                                                                Executive Director

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