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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

AFSN/SSAN 

PERSONAL. APPEARANCE 

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I  RECORD REVIEW 

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A94.41 

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HEARING DATE 

05 Feb 3004 

I  CASENUMBER 

Case heard at Washington, D.C. 

/  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTlFlCATlON 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDPJG OF PERSONAL APPERANCE 

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Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

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

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2003-00369 

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

The applicant appeared without counsel before the Discharge Review Board (DRB) at Washington, D.C. on 
February 5,2004. 

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

FINDINGS:  The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant 
substantiates an  inequity  or  impropriety that  would  justifL a  change of  discharge.  The  Board  therefore 
denies the requested relief. 

ISSUE:  The applicant raised 2  issues based  on  equity.  First, he  asserted that  there was  a change in Air 
Force  policy  in  relation  to  the  Anthrax  Vaccine  Immunization  Program  (AVIP),  evidenced  by  a 
memorandum fiom the Deputy Secretary of Defense, dated July  17, 2000, entitled Temporary Slowing and 
Future  Resumption  of Anthrax  Vaccine Immunization  Program.  The  applicant  proposed  that  had  this 
memorandum been issued earlier, he would not have been required to obtain the vaccine.  He explained that 
he had concerns about the safety of the vaccine and that he realized that the order he was issued was a valid, 
legal order.  The applicant conceded that there was no impropriety in the processing of his case, including 
with  the  order,  the  nonjudicial punishment,  and  the  administrative discharge and  subsequent resignation. 
Second, he raised the issue that a general discharge is inequitable in this case given his otherwise meritorious 
military service. 

Evidence provided to the Board, including the sworn testimony of the applicant, established the following! 
The applicant was  given  a written order to obtain the  anthrax  vaccine.  He disobeyed that  order and  was 
subsequently punished under Article 15 of the UCMJ.  The applicant acknowledged that the AVIP was being 
properly  administered  and  that  he  was  subject  to  the  order  to  obtain  the  vaccine.  The  July  17, 2000 
memorandum did not suspend the AVIP.  Rather, it slowed down the pace of the AVIP due to a shortage of 
vaccine.  No  evidence was presented  that  the  anthrax  vaccine lost its FDA  approval or was unsafe.  The 
applicant  conceded that between February and May 2000 he was  afforded several opportunities to consult 
with physicians and medical specialists.  These professionals explained the risks of the vaccine and opined 
that  the benefits outweighed the risks.  He also consulted with defense counsel.  At the time the applicant 
violated the order to obtain the anthrax vaccine he was aware that another officer fiom Dover AFB who had 
previously refused to take the anthrax vaccine received nonjudicial punishment and a general discharge.  The 
applicant fully expected to receive the  same treatment.  Knowing this, he proceeded to violate the order. 
Based on the foregoing, the Board found that there had not been a material change in policy and procedure 
subsequent to the applicant's discharge so as to cast substantial doubt that the applicant would have received 
the same discharge if relevant subsequent policies and procedures had been available to the applicant at the 
time of his discharge. 

The applicant relied on his performance reports to support his assertion that the requested relief is warranted 
based on his service record.  He testified that the only order he ever violated on active duty was the subject 
order to obtain the anthrax vaccine.  His Air Force record contains 2 officer performance reports and one 
training report.  These reports indicate that his service was excellent, consistent with his age, rank and level 
of responsibility. The Board found no exceptional circumstances evidenced in his military record to warrant 
the requested relief.  The applicant willfully violated a lawful order of a superior commissioned officer, 
while knowing the probable consequences of his actions.  They found the seriousness of the willfbl 
misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the 

discharge was appropriate for the reasons that were the basis for this case. 

The  Board  found  no  evidence  of  impropriety  or  inequity  in  this  case  on  which  to  base  an  upgrade  of 
discharge. 

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 1LT) (HGH 1LT) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 1 Sep 00 UP AFI 36-3207, 
para 2.21 (Resignation). Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 2 Aug 73.  Enlmt Age: 19 4/12.  Disch Age: 27 0/12. Educ: BS 

Degree. AFQT: Unk.  P-55,  N-51,  V-32,  Q-59. AA-45. PAFSC: OllA2A -  Operations 
Airlift Pilot. DAS: 13 May 99. 

b.  Prior Sv: (1) USMCR  15 Dec 92 -  16 May 93 (5 months 2 days) (Inactive). 

of which AMS is 4 months 22 days. 

(2) Enlisted USMCR 17 May 93.  Svd: 2 yrs 2 months 27 days, 

all AMS. 

( 3 )   AFROTC 14 Aug 95 -  15 May 97.  Svd: 1 yr 9 months 1 day, 

(4) AFRes 16 May 97 -  9 Jun 97 (24 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Appt to 2LT &  Ordered to EAD 10 Jun 97. Svd: 3 Yrs 2 Mo 22 Das, all 

AMS . 

b.  Grade Status:  1LT -  28 May 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 15 May 00, McGuire AFB, NJ -  Article 90.  You, having 

received a lawful command from Lt Col- 

your superior commissioned officer, then known by 

you to be your superior commisssioned officer, to have 
yourself innoculated with the anthrax vaccination no 
later than 10 May 00 at 1100 hours, or words to that 
effect, did, on or about 10 May 00, at or near Dover 
AFB, DE, willfully disobey the same.  Forfeiture of 
$605.00 pay per month for two months, and a reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  none. 

g.  Record of SV: 10 Jun 97 -  18 Dec 97  Dyess AFB  MS  (CRO) 

13 Mar 99 -  12 Mar 00  Dover AFB  MS  (Annual) 

(Discharged from Dover AFB) 

h.  Awards &  Decs:  NDSM, AFOUA, HSM, AFEMR, AFTR. 

i.  Stmt of Sv:  TMS:  (7) Yrs  (8) Mos  (18) Das 
TAMS: (5) Yrs  (4) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Jul 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Memorandum, Temporary Slowing and Future Resumption of Anthrax Vaccine 

Immunization Program (AVIP) ,  17 Jul 00. 

2. Memorandum, Reintroduction of the Anthrax Vaccine Immunization Program 

3. Memorandum, Air Force Implementation of the Anthrax Vaccine Immunization 

(AVIP), 28 Jun 02. 

Program, 11 Oct 02. 

4. Memorandum, Anthrax Vaccine Immunization Program, 29 Apr 03. 
5. DD Form 214. 
6. Officer Performance Reports. 

7.  SUPPORTING DOCUMENTS (X as applicable) (Please p i n t  name and social security number on each document.) 

I  WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS 
ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on aplain sheet ofpaper  ymOre Space is needed) 

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8. 

ISSUES 

The Board will consider any issue s u b m i i  by you prior to dosing the case for deliberation.  The Board also win review the case to determine whether them are any 

issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in writing to issues of concern to you unless those issues are listed U 
incorporated by specific reference below.  Carefully read the instructions that pertain to block 8 prior to completing this part of the application. If you need more space, Wbml 
additional issues on an attachment 

T.bel-t*t t ( l 4  ~hkc d ww  Ik~Lnr is iMquihbIt UJ TRW rulvrdinr &+ urtnr  d:&n#  bc ~ d t d ) 1  

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L f a b k .  

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I PREVIOUSLY SUBMllTED AN APPLICATION ON (Enter date) 
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITED. 

9.  CERTIFICATION 

I make Iha foregoing datenmts as part  d my kpplication dlh MI k n m w g e  d the -Hies 

individual shall be f b d  under this tile a inprisonad nd more than 5 yean, a bdh) 

invdved (or wllhrlly  making e Mse stat-nl 

(U S.Ccde.  Tala 18. Section 1001, pmvider that an 

Army Review Boards Agency 
Support Division. St. Louis 
AlTN:  SFMR-RBRSL 
9700 Page Avenue 
St.  LOU&  MO 63132-5200 

DD FORM 293, DEC 2000 

Naval Council of Personnel Boards 

Bldg. 36 - Washington Navy Yard 
901 M Street, S.E. 
Washington, DC 20374-5023 

SAFIMIBR 
550-c  street west, Suite 40 
Randolph AFB, TX 78150-4742 

Commandant (WPM-60) 
U.S.  Coast Guard Headquarters 
Washington, DC 20593-0001 

Page 2 of 2 Pages 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS TWENTY-FIRST AIR FORCE (AMC) 

sth AIRLIFT SQUADROT 

DOVER AFB, DE  (AMC) 

FROM:  2 1 AFICC 

1907 East Arnold Avenue 
McGuire AFB NJ  08641-5613 

SUBJECT:  Notification of  Show Cause Action Initiated Under Am 36-3206, Chapter 3, Paragraph 
3.6.4 

1.  I am initiating action against you under AFI 36-3206, chapter 3, paragraph 3.6.4 that requires you 
to show cause for retention on active duty. 

2.  I  am  taking  this  action  because  you  committed  a  serious  offense  under  the  Uniform  Code  of 
Military Justice (UCMJ), specifically, Article 90.  On  or about  10 May 2000, you  willfully disobeyed 
the lawful command of your superior commiss~oned officer, Lt ~o1-b~ 
failing to 
have yourself  inoculated  with the  anthrax vaccination.  As  a result of  this  willful  disobedience, you 
rendered yourself  unqualified for missions as a C-5 pilot.  Prior to the issuance of this order, extensive 
efforts were made to educate you  regarding the safety, efficacy, and necessity of  the anthrax vaccine. 
Prior to the issua 

the Flight Surgeon, Lt Col (Dr.)- 

which  was served on  you  by  Co 

ight Surgeons office.  In  addition, you  were seen  and 
logist at  Andrews  AFB.  You  were  also 
Area Defense Counsel, Capt 
AFICV, offered nonjudicial punishment, 
, on  12 May  2000.  You  acknowledged 
'  your rights, waived your right to trial by court-martial, and accepted nonjudicial punishment on 12 May 
2000.  On  15 May 2000, Brig Ge-mposed 
nonjudicial punishment on you, which included a 
forfeiture of  $605.00 pay  per month  for two months and a reprimand.  You  acknowledged receipt of 
this action and your right to appeal on  17 May 2000.  On  17 May 2000, you  elected not to appeal the 
punishment.  The least favorable character of discharge that the Secretary of the Air Force may approve 
in  this case  is  under  other than  honorable conditions.  Attached is  a copy of  documentary evidence 
supporting this action. 

. 

3.  Sign and date the attached indorsement acknowledging receipt of this notification memorandum.  A 
copy of the notification memorandum will be provided to you.  If you decline to acknowledge receiving 
this notification memorandum, the officer presenting it to you  will indicate on  it, the date and time that 
you declined to acknowledge receiving it and it will be a part of your case file. 

4.  Familiarize yourself with AFI 36-3206, particularly the rights that you.have. If  you do not apply for 
retirement  or request  a  resignation  in  lieu  of  further  administrative  action,  a  board,  (an  Air  Force 
Personnel Board, AFPB or Board of Inquiry, BOI) will convene as provided in chapter 6 or 7.  Contact 

your  Area Defense Counsel, 
19902, DS- 
counsel, contact  Capt : ...-..-..-..-..-.-..-..-. 
Maingate Way, Dover  AFB, DE,  19902-5520, DSN- 
options. 

Building 261, 3rd Floor, Dover AFB, DE, 
to discuss the procedures involved and your rights and options.  If  you  decline 
........................ 
:  Chief, Military  Personnel  Flight, 436  MSSQIDPM,  520 
for counseling about  your  rights  and 

5.  If  you  are entitled to elect to present  matters to a BOI, the  standard of proof  used by  the  board  to 
make findings is' a preponderance of evidence.  You  may  present evidence and  argument to rebut  the 
reason  set  forth in  this notification  memorandum or any  additional  reason  or  information developed 
during the BOI proceedings.  You also may present other pertinent evidence. 

6.  Within  10 calendar days  after you  receive this  notification  memorandum,  you  must  respond  by 
indorsement to me.  If I do not  receive the  indorsement within  the  allotted time  I will  proceed  with 
further action under AFI 36-3206.  Include in your indorsement: 

a.  Any  statement you  wish  to submit on your own behalf  andlor any additional evidence that you 
wish  me  to consider.  If  you  are  unable  to  submit your  statements or documentary evidence 
within  10 calendar days after receiving this notification memorandum, you  may request more 
time as allowed under AFI 36-3206.  Submit your request for additional time to the 21 AFICC. 
If  you  do not submit statements or evidence, your failure will constitute a waiver of  your right 
to do so and I will refer your case to the BOI or AFPB. 

b.  A statement that your Area Defense Counsel, Captai 

counseled you  and 
that you fully understand your nghts and options in this action.  If you declined counsel, so state 
and indicate that the Capt-Chief, 
Military Personnel Flight, counseled you 
and that you fully understand your rights and options in this action. 

c.  A statement that  you  understand the  following regarding recoupment of  education assistance, 
special pay, or bonuses received if  you  haven't  completed the period of  active duty you  agreed 
to serve: 

Recoupment of  a portion of  education assistance, special pay, or bonus monies received if 

you  voluntarily separate. 

Recoupment of  a portion  of  education assistance received if  involuntary discharge is  for 

misconduct. 

Recoupment of a portion of special pay or bonus monies received regardless of the basis for 

involuntary discharge. 

The.recoupment in  all  cases is an  amount that  bears the same ratio to the total  amount or 
cost provided to  you  as the  unserved portion  of active duty bears to the total  period of  active 
duty that you agreed to serve. 

If  you  dispute that  you  are indebted for educational assistance, the BOI, or, if  you  do not 
choose or are not  entitled  to a BOI, an  authority appointed by  the MAJCOWCC,  will  make 

findings and recommendations concerning the validity of  you  indebtedness.  See AFI 36-3206, 
4.32 and 4.33, regarding special rules for recoupment. 

d.  A statement notifying me whether you intend to apply for retirement or tender your resignation. 
If  you  have applied for retirement or tendered your resignation, attach a copy of  the retirement 
application or the resignation. 

e.  A  statement that  the  area  defense  counsel  or  the  chief, Military Personnel  Flight, explained 

separation pay to you and that you understand the eligibility criteria to receive separation pay. 

f.  Any other pertinent information. 

7.  In  response  to  this  notification  memorandum,  you  may,  within  10 calendar  days,  tender  your 
resignation under AFI 36-3207, chapter 2, section B, with the understanding that, if the Secretary of the 
Air Force accepts your resignation, you  may receive a discharge under other than honorable conditions 
unless the Secretary of the Air Force determines that you  should receive a discharge under honorable 
conditions  (general)  or  an  honorable  discharge. 
If  the  Secretary  of  the  Air  Force  accepts  your 
resignation, your discharge date will be  as soon as possible but no later than  10 calendar days after the 
date that the MPF receives separation instructions. 

8.  I have not taken action required under AFI 31-501.  You may request excess leave if the Air 
Force doesn't require your further participation in processing your case. 

commander 

Attachments: 
1.  Documentary Evidence: 

a.  Record of Non-Judicial Punishment Proceedings, AF Form 3070 
b.  8 May 2000 Memorandum for 1 Lt 
c.  18 May 1998 Memorandum for Secretaries of Military Departments:  Implementation of the 

Order 

Anthrax Vaccination Program for the Total Force 

d.  11 September 1998 Memorandum for Secretaries:  Policy for Deviation from Anthrax Vaccine 

Immunization Schedule 

e.  30 March  1999 Memorandum for Secretaries:  Change to Anthrax Vaccine Immunization 

Program (AVIP) 

f.  7 July 1998 Memorandum for ALMAJCOMICC:  Air Force Anthrax Implementation Plan 
g.  18 May  1999 Message:  Anthrax Immunization Policy for AMC Personnel 
h.  DODDI 6205.2, Immunization Requirements, 9 October 1986 

i.  DODD 6205.3, DOD Immunization Program for Biological Warfare Defense, 26 November 

1993 

j.  Air Force Joint Instruction 48- 1 10, Immunizations and Chemoprophylaxis, 1 November 1995 
k.  1 March  1998 Air Force Anthrax Implementation Plan 

2.  AFI 36-3206 
3.  AFI 36-3207 
4.  436 OGICC Recommendation for Action, 2 Jun 00 
5.  1st Ind to 436 OGICC Recommendation for Action, 5 Jun 00 

1"  Ind (1 Lt 

MEMORANDUM FOR 21 AFICC 

" 

I acknowledge receiving Notification of Show Cause Action Initiated Under 
AFI 36-3206, chapter 3, paragraphs 3.2 and 3.6.4,  from 21 AFICC with 4 attachments 
at 

hours on 

2000.