NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE AFSN/SSAN

AMN |

 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

X RECORD REVIEW

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

VOTE OF THE BOARD

 

HON GEN VOTHC OTHER DENY

 

  

 

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ISSUES INDEX NUMBER
A95.00 A67.50
HEARING DATE CASE NUMBER

18 JUN 03 FD2003-0032

 

 

REMARKS
Case heard at Washington, D.C.

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

    

 

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EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

Se

 

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

je
APPLICANT'S ISSUE AND ‘THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ‘ATTACHED AIR FORCE DISCHARGE: REVIEW BOARD DECISIONAL RATIONALE.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

DATE: 18 JUN‘03

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°" FLOOR

ANDREWS AFB, MD 20762-7002

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0032

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 to Honorable is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received
two Article 15s for failure to obey a lawful command to take the Anthrax vaccination. The vaccine and
DoD’s use of the vaccine has FDA approval. The Board concluded the misconduct was a significant
departure from conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The Board concluded the misconduct of the
applicant appropriately characterized his term of service.

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.

Attachment:
Examiner's Brief
FD2003-00032
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 4 Apr 01 UP AFI 36-3208,
para 5.50 (Misconduct - A Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 22 Mar 77. Enimt Age: 19 9/12. Disch Age; 24 0/12. Educ: HS DIPL.
AFOT: N/A. A-59, E-72, G-52, M-61. PAFSC: 2W251 - Aircraft Armament Systems
Journeyman. DAS: 12 Jan 99.

b. Prior Sv: (1) AFRes 27 Dec 96 ~ 6 May 97 (4 Months 10 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AlC 7 May 97 for 4 yrs. Ext: 7 dec 98 for 20 months. Svd: 3 Yrs
10 Mos 29 Das, all AMS.

b. Grade Status: AMN - 2 Feb 01 (Article 15, 2 Feb 01)
Alc - 23 dan 01 (Article 15, 23 Jan 01)
SRA - 7 Sep 99

c. Time Lost: None.

da. Art 15’s: (1) 2 Feb 01, RAF Lakenheath, UK - Article 90. You, having
received a lawful command from Lt Col ------ , your
superior commissioned officer, then known by you to be
your superior commissioned officer, to take the anthrax
vaccination, or words to that effect, did, on or about 1
Feb 01, willfully disobey the game. Reduction to AMN.
(Appeal/Denied) (No mitigation)

(2) 23 Jan 01, RAF Lakenheath, UK ~ Article 90. You,
having received a lawful command from Lt Col ------ i
your superior commissioned officer, then known by you to
be your superior commissioned officer, to take the
anthrax vaccination, or words to that effect, did, on or
about 18 Jan 01, willfully disobey the same. Reduction
to A1C. (Appeal/Denied) (No mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 07 May 97 ~ 29 Oct 98 Spangdahlem AB 4 (Initial)
30 Oct 98 —~ 29 Oct 99 RAF Lakenheath 5S (Annual)
30 Oct 99 ~ 25 May 00 RAF Lakenheath 5S _ (CRO)
FD2003~-00032

(Discharged from Wright Patterson AFB)
h. Awards & Decs: AFAM, AFOUA, AFGCM, KCM, AFOLTR W/1 DEV, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (3) Mos (9) Das
TAMS: (3) Yrs (10) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 20 Nov 01
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH

1. Reference Letter.

2. Air Force Achievement Medal Citation & Order.
3. Certificate of Recognition.

4. DD Form 214.

18Mar03/cr
FD 2.0093 -BOOFZ2.

DEPARTMENT OF THE AIR FORCE
48TH FIGHTER WING (USAFE)

 

MAR 0-7 2001

MEMORANDUM FOR AMN

  

FROM: 48 OSS/CC
SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for a pattern of
misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, under the provisions
of paragraph 5.50. If my recommendation is approved, your service will be characterized as
honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are:

a. At or near RAF Lakenheath, UK, on or about 18 Jan 01, you, having received a lawful -

command from Lt Col edith: your superior commissioned officer, then known by you

to be your superior commissioned officer, to take the anthrax vaccination, or words to that effect,
did willfully disobey the same. For this you received Nonjudicial Punishment, dated 23 Jan 01.

b. At or near RAF Lakenheath, UK, on or about | Feb 01, you, having received a lawful
command from Lt Col Qggeanlagggas, your superior commissioned officer, then known by you
to be your superior commissioned officer, to take the anthrax vaccination, or words to that effect,
did willfully disobey the same. For this you received Nonjudicial Punishment, dated 2 Feb 01.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force. If you
are discharged, you will be ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel, Capt iiiitiadiaie Area Defense
Counsel, can be reached at 7-3608 and is available to assist you. An appointment has been
scheduled for you to consult his office at 9:30 on 12 March 01. You may consult civilian
counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach meby 72 /AYl4e Gi unless you request, and I
grant an extension for good cause. Any statement(s) you submit will be forwarded to the
separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
“D2 00p— O00 F 2.

7. You must report to the Physical Exam section at the 48th Medical Group between 1300-1400
hrs Monday thru Thursday. At this time, an appointment at Family practice will be scheduled

for you. If you wear eyeglasses, you must bring them with you. If you are unable to make any
- of your scheduled appointments, you must contact the First Sergeant immediately.

8. The Privacy Act Statement covers any personal information you furnish in rebuttal. A copy
of AFI 36-3208 is available for your use in your unit orderly room.

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

Lg

 

Attachments:

1. Supporting Documentation: —_ _
a. Article 15 w/attachments, dtd 23 Jan 01
b. Article 15 w/attachments, dtd 2 Feb 01

2. Receipt of Notification Letter