AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00046 

GENERAL: The applicant appeals for upgrade of discharge to Honorable. 

The applicant was offered a personal appearance before the Discharge Review Board  (DRB) but declined to 
exercise this right. 

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or 
impropriety which would justify a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue  1.  Applicant  contends  discharge  was  inequitable  because  it  was  too  harsh-that  he  researched the 
repercussions  of  the  Anthrax  vaccine  and  found  there  were  no  studies performed  to  ascertain whether  the 
vaccine has any effects on fertility.  The records indicated the applicant received two Article 15s and a Vacation 
of Suspended Non-Judicial Punishment for failing to obey two separate lawful orders by wrongfully refusing to 
receive the Anthrax vaccination.  Anthrax  is  as deadly  as the Ebola virus.  It  is 99% lethal to unvaccinated 
persons.  Biological  warfare  is  a  grave  and  real  threat  to  the  U.S. Armed  Forces.  The practical means  of 
surviving is pre-exposure vaccination.  The anthrax vaccination has been  a FDA licensed product since 1970. 
Its safety and efficiency was affirmed by a FDA Advisory Panel.  The DoD Anthrax Policy, while the applicant 
was in the service, was ordered by  the  SECDEF on December  15, 1997.  The vaccine  is currently in limited 
supply,  but  is  still required  for personnel  subject to deploying to  high  risk  areas.  The Board  concluded the 
misconduct was a significant departure from conduct expected of all military members.  Military members are 
called to obey those orders that have a valid military purpose.  A member's  personal opinion or conclusion is 
not a proper basis on which to justify disobedience or questioning the morality or wisdom of a Department of 
Defense directive.  A con&ntion that someone can avoid a military readiness obligation due to personal beliefs 
has  no  place  in  a military  organization grounded in  good  order and  discipline.  The characterization  of the 
discharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. 
The DRB took note  of the  applicant's duty performance as documented by  his performance report  and other 
information contained in the records.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriite for the reasons 
which were the basis for this case. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of  the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full administrative due process. 

& 

[n view of the foregoing findings the board  further concludes that there exists no legal  or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD-01-00046 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/04/23 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 73/10/09.  Enlmt Age: 22 1 0 / 1 2 .   Disch Age: 25 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-74,  E-52,  G-57,  M-88. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 97/06/14. 

b.  Prior Sv: AFRes 96/08/15 -  97/02/18 (6 months 4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 97/02/19 for.4 yrs.  Svd: 2 Yrs 2 Mo 5 Das, all AMs. 
b.  Grade Status:  AB -  99/03/04  (Article 15, Vacation, 99/03/24) 

AMN  -  99/03/04 (Article 15, 99/03/04) 
A1C -  98/06/19 
AMN  -  (EPR Indicates): 97/02/19-98/10/18 

c.  Time Lost': 

none. 

d.  Art 15's: 

(1) 99/04/02, Ellsworth AFB, SD - Article 92.  You, having 
knowledge of  a lawful order issued by Major -------, 
to wit: an order to report to the Imuunization Clinic to 
receive an Anthrax vaccination on 23 March 99, an order 
which it was your duty to obey, did, o/a 23 Mar 99, fail 
to obey the same by wrongfully refusing to receive the 
Anthrax vaccination.  Reprimand, and 10 day9 extra duty. 
(Appeal/Denied) (No mitigation) 

--  (2) 99/03/24, Vacation, Ellsworth AFB, SD - Artide 92. 

You, having knowledge of a lawful order issued by Major 
- - - - - - - , to wit: an order to report to the 
Immunization Clinic to receive an Anthrax vaccination on 
23 Mar 99, an order which it was your duty to obey, did, 
o/a 23 Mar 99 fail to obey the same by wrongfully 
refusing to receive the Anthrax vaccination.  Rdn to AB. 
(No appeal) (No mitigation) 

( 3 )   99/03/04, Ellsworth AFB, SD - Article 92.  You, having 
knowledge of a lawful order issued by Major ------- I  to 
wit: Order to take Anthrax Vaccination, dated 17 Feb 99, 
an order which it was your duty to obey, did, o/a 17 Feb 

-. 

99, fail to obey the same by wrongfully refusing to 
receive the Anthrax vaccination.  Rdn to Amn, Rdn to AB 
(susp till 28 Aug 99) - 

(No appeal) (No mitigation) 

e,  Addition  I :   none. 

f.  CM:  none. 

g.  Record of SV: 97/02/19  98/10/18  Ellsworth AFB  5  (Initial) 

(Discharged from Ellsworth AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  ( 2 )   Yrs  (8) Mos  ( 9 )   Das 
TAMS:  (2) Yrs  (2) Mos  (5) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 01/01/09. 

(Change Discharge to Honorable) 

Issue 1:  I was discharged under honorable conditions because I refused to 
take the anthrax vaccine.  I did research on the reprecussions of the vaccine 
and found there to have been "no studies performed to ascertain whether the 
anthrax vaccine absorbed has carcinogenic action, or any effect  (sic) on 
fertility."  It is my intention to father more children and was alarmed by the 
possible adverse reactions.  It is my understanding that the vaccine is now 
optional to servicemen.  I was a very good airmen, always had a clean record.  I 
do not feel I should be punished for this moral/decision which may have affected 
the rest of my life. 

' 

ATCH 
1. DD Form 214. 
2. Two Letters of Recommendation 
3 .   Anthrax Information. 

t 

01/02/13/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 28"'  BOMB WING (ACC) 

ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 

MEMORANDUM FOR 28 BW/CC 

FROM:  28 BW/JA 

16 Apt 99 

I 
1 

1.  I reviewed the attached administrative discharge package 
FR2 14-23-6 189,28th Supply Squadron, and find it legally s 
supports the 28 SUPS/CC's recommendation to separate Respondent with an under honorable conditions 
(general) discharge without Probation and Rehabilitation (P & R). 

2.  On 8 Apr 99,28 SUPS/CC initiated this separation action pursuant to AFI 36-3208, paragraph 5.49, 
for misconduct involving minor disciplinary infractions (TAB D).  On 13 Apr 99, Respondent consulted 
legal counsel and submitted statements on his own behalf (TAB H). 

3.  The reasons for the proposed discharge action are the following: 

a.  Respondent, having knowledge of a lawful order issudd 
Take Anthrax Vaccination, dated 17 Feb 99, an order which it 
Ellsworth Air Force Base, South Dakota, on or about 17 Feb 99, fail to obey the Same by wrongfully 
refusing to receive theanthrax vaccination.  For this Respondent was punished under Article 15 of the 
Uniform Code of Military Justice (UCMJ) on 4 Mar 99.  Respondent was reduced to the grade of airman 
and received a suspended reduction to the grade of airman basic. 

b.  Respondent, having knowledge of a lawful order issued 

o wit:  anorder 
to report to the Immunization Clinic to receive an Anthrax Vaccination, on 23 Mar 99, an order which it 
was his duty to obey, did, at or near Ellsworth Air Force Base, South Dakota, on or about 23 Mar 99, fail 
to obey the same by wrongfully refusing toreceive the Anthrax vaccination.  For this the suspension of 
Respondent's Article 15 punishment was vacated on 24 Mar 99, thereby reducing him to the grade of 
airman basic.  Respondent was also punished under Article 15 of the UCMJ on 2 Apr 99.  Respondent 
was reprimanded and he received 10 days extra duty. 
- 

4.  This case was properly processed under AFI 36-3208, paragraph 5.49, for misconduct involving 
minor disciplinary infractions.  The aforementioned facts in this case meet the criteria for discharge 
under this paragraph.  The Anthrax vaccine is necessary for all personnel subject to Air Expeditionary 
Forces' deployment, such as Respondent.  Personnel who refuse the vaccine degrade the good order and 
discipline of their unit, and endanger fellow troops'  lives in a wartime environment.  Respondent has 
repeatedly refused to receive his Anthrax vaccination despite being briefed by the Medical staff as to the 
safety and necessity of the vaccine.  There is sufficient evidence to support a discharge for misconduct 
involving minor disciplinary infractions and I concur with the 28 SUPS/CC's recommendation for 
discharge. 

Golden Legacy, Boundless Future.. .Your Nation's Air Force 

5.  Respondent’s service should not be characterized as honorable.  After considering all the facts in this 
case, the negative aspects of Respondent’s conduct outweigh the positive aspects of his military record, 
thereby warranting an under honorable conditions (general) discharge.  Respondent’s performance has 
not “been so meritorious that any other characterization would be clearly inappropriate” as required by 
AFI 36-3208, paragraph 5.48.4, for an honorable discharge, After considering all of the circumstances, I 
concur with the commander’s determination that an under honorable conditions (general) discharge is 
appropriate. 

6.  As the separation authority, you must consider P & R.  However, P & R is not appropriate in this case. 
Respondent has been given several chances to improve his behavior and to conform to military 
standards. These efforts at rehabilitation have not been effective.  Respondent has not shown any 
willingness to be rehabilitated.  Furthermore, Respondent has not requested P & R in this case, nor has he 
offered any evidence in support of P & R.  Retaining Respondent in a probationary status would degrade 
the good order and discipline of the unit. 

7.  As the Special Court-Martial Convening Authority, you may: 

a.  Direct that Respondent be retained; 

b.  Direct that Respondent be separated with an under honorable conditions (general) discharge, 

with or without P & R; 

c.  Direct that the case be heard by a discharge board if you believe Respondent should be 

discharged with an under other than honorable conditions (UOTHC) discharge; or 

d.  Refer the caqe to 8AF/CC, if you believe Respondent should be separated with an honorable 

discharge, with or without P & R. 

RECOMMENDATION 

der AFI 36-3208, paragraph 5.49, with an under honor 

Attachment: 
Case File 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

HEADQUARTERS 2 8 T H  LOGISTICS GROUP (ACC) 
ELLSWORTH A I R   FORCE BASE.  SOUTH DAKOTA 

- -.-- -*  - 

FROM:  28 SUPSKC 

SUBJECT  Notification Memorandum 

._* 
0-8  APR  ta&fj 

1. I am recommending your discharge from the United States Air Force for misconduct involving minor 
disciplinary infractions.  The authority for this action is AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for your discharge action are the following: 

a.  You, having knowledge of a lawful order issued b 

Anthrax Vaccination, dated 17 Feb 99, an order which it was y 
Air Force Base, South Dakota, on or about 17 Feb 99,  fail to obey the same by wrongfully refhsing to 
receive the Anthrax vaccination. For this you were punished under Article 15 of the Uniform Code of 
Military Justice (UCMJ) on 4 Mar 99.  You were reduced to the grade of airman and you received a 
suspended reduction to the grade of airman basic. 

t:  Order to Take 
or near Ellsworth 

b.  You, having knowledge of a lawful order issued 

wit:  an order to 
, an order which it 
remrt to the Immunihtion Clinic to receive an Anthrax Vac 
was your duty to obey, did, at or near Ellsworth Air Force Base, South Dakota,  on or about 23 Mar 99, 
fail to obey the same by wrongfully refusing to receive the Anthrax vaccination.  For this the suspension 
of your Article 15 punishment was vacated on 24 Mar 99,  thereby reducing you to the grade of airman 
basic.  You were also punished under Article 15 of the UCMJ on 2 Apr 99.  You were reprimanded and 
you received  10 days extra duty. 

s 

3.  This action could result in your separation with an  under honorable conditions (general) discharge. I 
am recommending that your service be characterized as under honorable conditions (general).  "The 
commander exercgng special court-martial jurisdiction or a higher authority will make the fistal 
decision in this m%er.  If you are discharged, you will be ineligible for reenlistment in the AirSwce and 
will probably be denied enlistment in any component of the armed services. 

- 

4.  You have the right to consult couns 
made an appointment for you 
Ellsworth Street, Suite 1700 o 
own expense. 

en obtained to assist you.  I have 
a Defense Counsel, 5-2158,1000 
consult civilian counsel at your 

5.  You have the right to submit statements on your own behalf.  Any statements you want the separation 
authority to consider must reach me by 13 &@ 
/fqd  , unless you request and receive an extension 
for good cause shown.  I will send them to t6e separation authority. 

6.  If you fail to consult counsel or to submit matters in your own behalf, your failure will constitute a 
waiver of your right to do so. 

7. You have been scheduled for a medical examination. You must report to the Physical Exams Section 
of the Base Hospital at 
appointment and you must be in uniform. 

hours on  @?&&%or  the examination.  This is a mandatory 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy of 
AFI 36-3208 is available for your use in your orderly room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Attachments : 
I.  Supporting documents 

' 

a.  Art15-4Mar99 
b.  Vacation ytion - 24 Mar 99 
c.  Art 15-2Apr99 

' 

2.  Aim an's Acknowledgment 

-3- .