RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01870
            INDEX CODE:  108.01
      APPLICANT  COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her under honorable conditions discharge on 4 Mar 00 be changed  to  reflect
discharge for medical reasons.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was discharged from the Air National Guard  for  refusing  to  take  the
anthrax vaccine.  She volunteered as an alternate for a unit  deployment  to
Quatar and was required to receive anthrax vaccinations for the  deployment.
 Two days prior to the deployment, she was informed by  her  commander  that
she would not be going on the deployment because she  did  not  possess  the
required AFSC.  At that point she  had  received  three  injections  of  the
vaccine, after receiving  the  fourth  injection  she  started  experiencing
extensive medical problems.

On 7 Apr 99, she was sent to Wright-Patterson AFB  OH,  to  see  a  military
allergist in order to determine if her  medical  problems  were  an  adverse
reaction to the vaccine.  The physician conducted a  45-minute  conversation
with her.  Other than an x-ray, no tests were performed.   She  was  advised
that her symptoms were the result of a local reaction coupled with  the  flu
and stress, and that she was to continue with the rest of the injections.

After  she  returned  from  Wright-Patterson  AFB  she  conducted  extensive
research on the internet concerning anthrax which led to her contact with  a
Congressional Assistant and her eventual  invitation  to  testify  before  a
Congressional Committee.  Her testimony and the resultant media  impact  led
to the decision to have her examined by a military medical team from  Brooks
AFB,  on  6 May  99,  to  determine  the  reason  for  her  illnesses.   The
examinations  again  consisted  of  simply  an  interview,  no  tests   were
performed, and she was again told that she  had  symptoms  of  the  flu  and
stress associated with her employment.

She was ordered to take the  fifth  anthrax  injection  on  three  different
occasions, on each of which she refused because she was  still  experiencing
medical problems from the previous injections.  She was given  a  Letter  of
Reprimand (LOR) each time she refused and was  subsequently  discharged  for
her refusal.

In  support  of  her  request  applicant  has  submitted,  several  personal
statements; a list of  her  medical  symptoms;  extracts  from  her  medical
records;  documents  pertaining  to  her  testimony   before   Congressional
Hearings; documents associated with her Line of  Duty  (LOD)  determination;
her administrative discharge paperwork; a letter from her current  employer;
and, several memorandums associated with her contentions.

Applicant’s complete submission is appended at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former enlisted Air National Guard member.  Prior to  serving
in the Air National Guard she served in the Army National Guard for 5  years
3 months and 12  days.   On  4  Dec  99,  applicant  was  notified  that  in
accordance  with  AFI  36-3209,  paragraph   3.21.4,   her   commander   was
recommending she be discharged with a general (under  honorable  conditions)
discharge.  The specific reason for the recommendation was her refusal of  a
lawful  order  directing  her  to  take  a  mandatory  anthrax  vaccination.
Applicant was advised of her rights in the matter and  acknowledged  receipt
of the notification on 4 Dec 99.  Applicant declined  a  board  hearing  and
submitted a written statement in her own  behalf  on  that  same  date.   In
legal reviews of the case file, the wing and headquarters  ANG  staff  judge
advocates  found  it  legally  sufficient  and  recommended  that   she   be
discharged with a general discharge.  On 4 Mar 00, the  discharge  authority
approved the recommendation and directed that applicant be  discharged  with
a general discharge.  Applicant was discharged on 4 Mar 00 after  serving  3
years, 8 months, and 27 days.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  reviewed  applicant's  request  and  recommends
denial.  The reviewer states that there have been many years  of  experience
with this vaccine in which to find it safe  and  generally  without  lasting
sequelae, and applicant's focus on possible side effects appears to have  an
underlying base in the frustration with her removal from a deployment.   She
was evaluated by two  medical  specialists  well  conversant  with  expected
reactions to the  vaccine  and  found  not  to  fit  the  criteria  of  such
disorder.  Applicant was not medically unfit to perform  her  Guard  duties,
but rather chose to refuse valid military orders (see Exhibit C).

The Chief Special Actions/BCMR Advisories, AFPC/DPPD,  reviewed  applicant's
request and recommends denial.  DPPD states that  the  applicant  was  never
referred to or considered by the Air Force Disability Evaluation  System,  a
choice which is made by the medical treatment facility providing  healthcare
to the member.  Applicant was evaluated by the  immunization  department  as
Wright-Patterson AFB and again  by  the  Air  Force  Health  Protection  and
Surveillance Branch at Brooks AFB.  Both  evaluations  failed  to  associate
any of her medical conditions to the anthrax  vaccination.   The  fact  that
she was tentatively selected for an overseas  deployment  reflects  she  was
reasonably capable of performing her military duties right up  to  the  time
of her administrative discharge (see Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisories and states that the allergist who  saw
her at Wright-Patterson AFB never conducted  an  evaluation,  only  a  brief
conversation.  The allergist had to review the leaflet from the vial of  the
vaccine because he had no idea what the side effects could  have  been  from
the vaccine, as stated by the allergist.   The  physician  from  Brooks  AFB
never conducted an evaluation  either.   He  did  not  review  documentation
provided by applicant which  outlined  her  specific  symptoms  nor  did  he
review  current  medical  records  that  she  provided  from  her   civilian
physicians.  Additional systemic reactions other than  what  is  defined  in
the anthrax leaflet are now forming a trend and being  acknowledged  by  the
Department of Defense.

While the vaccine was indeed approved as being generally safe and  effective
by the FDA in 1970, the vaccine that she received was not approved.   Recent
finding indicated that squalene was  detected  in  certain  batches  of  the
anthrax vaccine.  The lot which she received was one of those identified  as
being contaminated which makes the lot experimental and, therefore, the  Air
Force should have obtained her informed consent.

The BCMR Medical Consultant contradicts himself in stating that there is  no
indication of an inability to participate in normal  work  duties  and  that
she missed 180 hours of work following  the  anthrax  vaccine  in  the  same
sentence.  She currently misses an average of one day of work per  week  due
to her illnesses.  He also stated that focus  was  placed  on  her  symptoms
being due to her  removal  from  the  deployment.   The  deployment  was  in
November 1998; her symptoms began in March 1999.

She is now being referred to a  neurologist,  in  addition  to  having  some
nerve damage in her forearms, chronic migraines, chronic fatigue,  shortness
of breath and memory loss, she is now suffering  from  some  sort  of  brain
damage.  While her medical records clearly show that she  had  gynecological
disorders since age 17, there was  never  any  type  disorder  as  indicated
above.

She concluded that she was  in  good  health  before  receiving  the  fourth
anthrax vaccine, after the fourth vaccine she became extremely ill,  she  is
to this day suffering side effects  from  the  vaccine,  and  there  are  no
studies of the long-term adverse  health  effects.   This  latter  fact  was
recently confirmed by the Department of Defense.  This  is  not  a  case  of
disobeying a lawful order, but a case of attempting to try and  restore  her
health that the military stole from her (see Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice with  respect  to  the  applicant’s
request  for  medical  discharge.   After  careful  consideration   of   the
available evidence, we are not persuaded that the actions  taken  to  effect
the applicant’s discharge were improper or contrary  to  the  provisions  of
the governing regulations.  We agree with the opinion and recommendation  of
the Air Force offices of primary responsibility and  adopt  their  rationale
as the basis for our conclusion that  the  applicant’s  separation  was  not
erroneous  or  unjust.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to favorably consider the  applicant’s
request for a medical separation.

4.  Notwithstanding the fact that  the  Board  finds  insufficient  relevant
evidence to warrant granting the relief sought by the applicant, in view  of
her overall record, the Board majority finds  sufficient  relevant  evidence
has been presented to demonstrate the existence  of  probable  injustice  in
regards to her characterization of service.  The Board majority  noted  that
prior  to  the  events  under  review,  the  applicant  served  her  country
honorably and faithfully for approximately 9 years.  While it has  not  been
established to  the  Board  majority’s  satisfaction  that  the  applicant’s
physical ailments were attributable to the anthrax injections she  received,
it is clear that it was,  and  remains,  her  fervent  belief  that  further
injections would cause her to experience continued  and  possibly  permanent
illnesses.  There is no other way to explain  the  applicant’s  decision  to
act in a manner so contrary to her own best interests -- a course of  action
resulting  in  the  termination  of  her  previously-uneventful  and  valued
service membership.  In light of the above  mitigating  factors,  the  Board
majority believes characterization of her service  as  less  than  honorable
was excessively harsh.  Therefore,  as  a  matter  of  clemency,  the  Board
majority recommends her records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 4 March 2000,  she  was  honorably
discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 December 2000, under the provisions of AFI 36-2603:

      Mr. Teddy L. Houston, Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Diana Arnold, Member

Mr. Houston and Ms. Arnold voted to  correct  the  records  as  recommended.
Mr. Groner voted to  deny  the  applicant’s  request  in  its  entirety  but
elected not to submit a minority report.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jul 00, w/Atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Aug 00.
    Exhibit D.  Letter, AFPC/DPPD, dated 13 Sep 00.
    Exhibit E.  Letter, SAF/MIBR, dated 29 Sep 00.
    Exhibit F.  Applicant Letter, dated 1 Oct 00.




                                   TEDDY L. HOUSTON
                                   Panel Chair

AFBCMR 00-01870




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to
APPLICANT be corrected to show that on  4  March  2000,  she  was  honorably
discharged and furnished an Honorable Discharge certificate.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency