'1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE  AB 

AFSNISSAN 

~ T W E  
,  .e cotMs@F ' 
No 
YES 

I 

PERSONAL APPEARANCE 

I 

1  X 

I 

RECORD REVIEW 

I 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANLZATION OF COUNSEL 

MEMBER SITTING 

I 

1 

-  --  . 
1  UOTHC 
HON 

GEN 

I 

VOTE OF 111E BOARD 

--  - - -. 
I  OTHER 

, -.  -  --  . 
I  DENY 
1 

CASE NUMBER 

HEARING  DATE 

1  23 Sep 2003 
I 
I Case heard at Washington, D.C. 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXIHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I 

1  TAPE RECORDING OF PERSONAL APPERANCE 

I 

AWLICANC'S 1 S S m  .4NV THE B O W S  DECISIONAL R A T I O W  ARE DISCUSSED ON M E  ATTACHW AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIOSALE 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00249 

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

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

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

FINDINGS:  Upgrade of Discharge is denied. 

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

ISSUE: Applicant  contends  discharge was inequitable because it was too harsh.  The records  indicated the 
applicant received an Article  15 for willfully disobeying an order and an Article  15 for willfully  consuming 
alcoholic beverages while under the legal age of 2 1.  The applicant stated that he refused to take the Anthrax 
vaccination.  He also states that he had  exemplary performance  while enlisted.  The DRB took note  of the 
applicant's  duty  performance  as  documented  by  his  performance  reports,  letters  of  recommendation  and 
other accomplishments.  They found the seriousness of the willful misconduct offset any positive  aspects of 
the applicant's duty performance.  The DRB opined that through  these administrative  actions, the  applicant 
had  ample  opportunities  to  change  his  negative  behavior.  The  Board  concluded  the  misconduct  was  a 
significant departure from conduct expected of all military members.  The characterization of the discharge 
received by the applicant was found to be appropriate. 

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. 

In 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 

(Former AB)  (HGH A1C) 

1.  MATTER  UNDER RFVIEW:  Appl rec'd a UOTHC Disch fr USAF 1 May 03 UP AFI 36- 
3208, para 5.52.3  isco conduct  -  Commission of a Serious Offense).  Appeals for 
General Disch. 

2.  BACKGROUND: 

a. DOB: 17Feb82.  Enlmt Age: 18 2/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-82,  E-75,  G-74,  M-85. PAFSC: 2A353A -  Tactical Aircraft 
Maintenance Journeyman. DAS: 14 May 01. 

b.  Prior Sv: (1) AFRes 28 Apr 00 -  7 Aug 00  (3 Months 11 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 8 Aug 00 for 6 yrs. Svd: 2 Yrs 8 Mo 24 Das, all AMS. 

b.  Grade Status:  AB -  30 Dec 02  (Article 15, 30 Dec 02) 

A1C -  22 Sep 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 Dec 02, Seymour Johnson AFB, NC -  Article 90.  You, 

having received a lawful command from 
IQIZabbsY)4.  your superior commissioned officer, then known 
by you to be your superior commissioned officer, to 
report to the Immunization Clinic, 4th Medical Group, 
Seymour Johnson AFB, NC, or words to that effect, did, 
on or about 24 Dec 02, willfully disobey the same. 
Reduction to AB, and a reprimand.  (No appeal)  (No 
mitigation) 

I 

12 Mar 02, Seymour Johnson AFB, NC - Article 92. You, 
who knew of your duties, on or about 3 Mar 02, were 
derelict in the performance of those duties in that you 
willfully consumed alcoholic beverages while under the 
legal age of twenty-one, as it was your duty not to do. 
Article 111.  You did, on or about 3 Mar 02, physically 
control a vehicle, to wit: a passenger car, while the 
alcohol concentration in your blood was 0.13 grams of 
alcohol per 100 milliliters of blood or greater as 
shown by chemical analysis. Suspended reduction to AMN, 
and 30 days extra duty. (No appeal) (No mitigation) 

e.  Additional: None. 

f .  CM:  None. 

g.  Record of SV: 8 Aug 00 -  19 Apr 02  Seymour Johnson AFB  4  ( ~ i r  by HAF) 

(Discharged from Seymour Johnson AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA 

i.  Stmt of Sv:  TMS:  (3) Yrs  (0) Mos  (4) Das 

TAMS:  (2) Yrs  (8) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 May 03. 

(Change Discharge to General) 

Issues:  I want to change my Other than Honorable to at least General, Under 

Honorable Conditions.  The Anthrax vaccination is an experimental drug. Under 
Title 10, Section 1107, a service member does not have to take an experimental 
drug.  Bio Port Corporation still has their appliction pending for FDA approval. 
I am enclosing an Enlisted Performance report along with letters of reference to 
show my exemplary performance while I was enlisted.  The Department of Defense 
website also states that they do  (sic) did not even study the relationship of 
the anthrax vaccination to birth defects as of yet. 

ATCH 
1. Congressional Inquiry. 
2. Character References  (2) . 
3. Letters of Appreciation (2). 
4. Enlisted Performance Report. 
5. DD Form 214 

4TH FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR FORCE BASE  NC 

FROM:  4 AMXSICC 
SUBJECT:  Notification  Memorandum - Board Hearing 

. 

1.  I am recommending your discharge from the United States Air Force for misconduct,  specifically the 
commission of a  serious offense  according to AFPD 36-32, Military Retirements  and  Separations, and 
AFI  36-3208,  Administrative  Separation  of  Airmen,  under  the  provisions  of  Chapter  5,  Section  H, 
Paragraph 5.52.3.  Copies of the  documents to be  forwarded  to the  separation authority  to  support the 
recommendation are attached. 

2.  My reason  for this action is that you committed a serious offense by willfilly disobeying the lawful 
order  of  a  superior  commissioned  officer.  On  23  December  2002,  in  the  midst  of  a  large-scale 
deployment from  Seymour Johnson AFB in support of the  ongoing war  on terrorism,  I ordered  you to 
report  to  the  Immunization  Clinic,  4th  Medical  Group,  Seymour  Johnson  AFB,  North  Carolina,  and 
receive an anthrax vaccination, not later then 24 December 2002 at  1000 hours.  On 24 December 2002, 
you  willfully  disobeyed  this  order.  Your  willful  disobedience  on  the  24  December  2002  and  your 
continued  refusal  to  receive  an  anthrax  shot  has  jeopardized  the  military  readiness  of the  unit  and 
prompted the initiation of your administrative discharge. 

3.  This action could result in your separation with an under other than honorable conditions discharge.  I 
am recommending that you receive an under other than honorable conditions discharge.  The commander 
exercising  special  court-martial jurisdiction  or  a  higher  authority  will  make  the  final  decision  in  this 
matter.  If you are discharged, you will be ineligible for reenlistment in the Air Force and will probably be 
denied  enlistment  in  any  component  of  the  armed  forces  and  any  special  pay,  bonus,  or  education 
assistance funds may be subject to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive any of 

your rights. 

I 

5.  You  have  been  scheduled  for  a  medical  examination.  You  must  report  to  the  4th  Medical  Group, 
You must report 
Family Practice Clinic (Green Team) on 16 January 2003 at  1420 hours with 
20 minutes prior to your scheduled appointment time. 

~ l 0 6 a l f i w e r  (ForJmerica 

GOVERNMENT EX ,j P8fWB 
PAGE o m  
PAGE ADMIT& 
page / of 2 pages 

6.  Military legal counsel 
DSN:  722-5345 has been 

himlher on  \rq / 3~  05 

1185 Cannon Avenue,  Suite 308 Seymour Johnson AFB, NC, 
ist you.  An appointment has been scheduled for you to consult 
hours.  Instead of the appointed counsel, you may have another, if 
the  lawyer  you  request  is  in  the  active  military  service  and  is  reasonably  available  as  determined 
according to AFI 5 1-20 1, Administration of Militaly Justice.  In addition to military counsel, you have the 
right  to employ civilian  counsel.  The Air Force  does not  pay  expenses incident to the employment of 
civilian counsel.  Civilian counsel, if employed, must be readily available. 

at 

4 

7.  Confer with your counsel and reply, in writing, within  seven (7) workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will sign it.  If 
you  waive  your  right  to  a hearing  before  an  administrative  discharge board,  you  may  submit  written 
statements in your own behalf.  I will send the statements to the discharge authority with the case file to 
be considered with this recommendation.  If you  fail to respond, your  failure will constitute a waiver of 
the right to the board hearing. 

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  unit's  Commander's  Support  Staff  (CSS)  or  the  Area 
Defense Counsel's Office. 

9.  If you request a board and you fail to appear without good cause, your failure to appear constitutes a 
waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not completed the 
period of active duty you agreed to serve, you may be subject to recoupment. 

11.  You  have  been  scheduled  for  mandatory  Transition  Assistance  Program  (TAPs)  counseling  on 

17  54%  a3  2003 atb& 

hours.  You must report to building 3602 for your TAPs counseling. 

12.  Execute the attached achowledgement and return it to me immediately. 

Commander, 4 AMXS 

Attachments: 
1.  AF Form 3070, dated 24 December 2002 
2.  Order to Take Anthrax Vaccine, dated 23 December 2002 
3.  AF Form 3070, dated 11 March 2002 

GOVERNMENT EX 3 FBRH) 
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