NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNlSSAN 

t 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

u

s

 A94.11 7 INDEX NI:MBER  A67.90 

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I  ORDER APPOINTING THE BOARD 

I  1 
1  2  /  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

Case heard at Washington, D.C. 

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

TO: 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCRARCE REVIEW BOARD 
1535 COMblAWD DR  EE H INC. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00521 

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 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. 

ISSUES:  Applicant  was  discharged  for  conduct prejudicial  to  good  order  and  discipline.  He  had  two 
Articles  15, both  for  disobeying a  direct order to report to the  immunization clinic to receive his  anthrax 
vaccinations after deploying to the United Arab Emirates (UAE) for an extended temporary duty assignment. 
At the time member departed for the deployment, the anthrax vaccination program was on hold; it resumed 
while he was  in the  UAE.  Applicant now  states his  discharge was too  harsh because  the  reasons for his 
refusal to take  the  vaccine  were not  sufficiently addressed.  The Board  noted  that  both  medical staff and 
legal staff in the deployed location counseled member about the anthrax vaccine program; he was advised of 
its affects and  given educational information.  However, applicant further contends that the information he 
received was  inadequate,  failing to  address his  concerns, but  rather  threatening him  with  the  disciplinary 
consequences of failing to take the shot.  The Board could not verify the content of the deployed location's 
anthrax education program, but noted that member's  thoughts about the anthrax vaccine program were based 
on  essentially personal  opinion  garnered  from  internet research regarding  an  alleged unacceptable  health 
risk.  Personal  opinion  cannot  be  the  basis  of  questioning the  morality  or  wisdom  of  a  Department  of 
Defense directive; all military members must obey orders given with a valid military purpose.  The anthrax 
vaccine program is based  on a military readiness obligation, and personal  philosophy or unfounded health 
concerns do not  excuse  a military member from obedience.  Such a contention has no place in a military 
organization grounded in good order and discipline.  Therefore the Board concluded applicant's misconduct 
was a significant departure from conduct expected of all military members and the Board finds the discharge 
proper.  No inequity or impropriety was found in this discharge in the course of the records review. 

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) 

FD2003-00521 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Minot AFB, ND on 8 Jan 03 UP 
AFI 36-3208, para 5.50.2 i~isconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals fok Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Sep 80.  Enlmt Age: 19 0/12.  Disch Age: 22 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-35,  G-46,  M-34. PAFSC: 3M051 -  Services Journeyman. 
DAS: 17 Mar 00. 

b.  Prior Sv: (1) AFRes 25 Sep 99 -  16 Nov 99 (1 month 23 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Nov 99 for 4 yrs. Svd: 3 Yrs 1 Mo 23 Das, all AMS. 

b.  Grade Status:  AB  -  31 Oct 02  (Article 15, 31 Oct 02) 

A1C -  17 Mar 01 
A m  -  17 May 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 31 Oct 02, Minot AFB, ND  -  Article 90.  You, having 

received a lawful command from ~ol- 
superior commissioned officer, then known by you to be 
your superior commissioned officer, to receive the 
anthrax vaccination no later than 1600 hours on 26 Oct 
02, or words to that effect, did, at A1 Dhafra AB, 
United Arab Emirates, on or about 26 Oct 02, willfully 
disobey the same.  Reduction to AB, and forfeiture of 
$339.00 pay. (No appeal)  (No mitigation) 

your 

(2) 25 Oct 02, Minot AFB, ND -  Article 90.  You, having 

received a lawful command from 1LT 
your superior commissioned officer, then known by you to 
be your superior commissioned officer, to receive the 
anthrax vaccination at 1400 hours, 19 Oct 02, or words 
to that effect, did, at A1 Dhafra AB,  United Arab 
Emirates, willfully disobey the same.  Suspended 
reduction to Airman.  Forfeiture of $362.00 pay. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 18 Nov 99 -  16 Jul 01  Minot AFB  3  (Initial) 

17 Jul 01 -  01 Jun 02  Minot AFB  4  (CRO) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/VALOR, SB. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (3) Mos  (15) Das 
TAMS: (3) Yrs  (1) Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5 Nov 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Discharge Charaterization. 
3. Memorandum For 380 ESVS/CC. 
4. Pending Lawsuit on Anthrax Vaccine. 
5. Prepared Statement by General Council of Veterans for Integrity and 
Government. 
6. Letters from Congressmen. 
7. The Presidential Candidates Weight In On Federal Medicine: George W. Bush. 
8. Recent News on Anthrax Vaccine. 
9. Personal Statement. 
10. Military and Academic Achievements Attained on Active Duty. 
11. Character Statements. 

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7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Securiy Number on each document.) 
I  i  WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAIIABLE SERVICE RECORDS. 
I 
1  x  I ARE LISTED BELOW AND A&ATTACHED  TO THIS APPl?lCATIDN:  ((Continue on a plain sheet of paper if more space is needed.) 
I 
. - - - : - - - - - - - - - - - - - - - - ' - - - - - - - - - - - - - - - 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
a.  DOCUMENT 1 : 
Cover Sheet 
_ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
b.  DOCUMENT 2: 
Written Presentation to Article 15 Proceedings 
_ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
c.  DOCUMENT 3: 
Response To Administrative Discharge Action 
.------------------------------------------------------------------------------------------ 
8.  ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case t o  

respond in 
determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required 
writing to issues o f  concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instntctions 
that pertain to Block 8 prior t o  completing this part of the application.  If you need more space,  submit additional issues on an attachment. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

I -Mydisehai-ge was-unjust-because it-was- b a d o n  oae iaeideatonly; M y  Mditaryreeerd was impeeabkprior-to-my-  - - 

T e ~ { e f & e m t ~ a x v a & e _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

-While-I-was stationed m r s e a s  In %teb  Arab Emirates the educatiolrFrectivedw theanthraxvaccine was poor and- 
-cmrcive.lt was b e d  onthe punishments tlratmuld o c d y o u - d e n i e d  tIredxaxvaccine.-Thisled mettrdo my - - - 
you today .I - - - - 
-avn research on the merficalaspectofthevaccine~I-condude to tIrefindingsymrh&-frontof 
thae-ectucational-brief?ngsm- 
=quested  an investigation-ofthe marrdztory briefings to educate sofctiersmhcvacc+ 
-regards-dTBe mtinaxvaccin~-sh~)uict have happendwnever did.-Iwas tineatened md-tof&by my Area Defense - - - 
Corn-cit aiat I could be eacaceraled for5 years-if fmrzct €G  be g3ingTaIs-e-statements hrregardsof  the-e&ca€ioaI- 
- - - 
had fac%iai-ihf~iiiiad~n Backing-my -&ecTslcin.- - - - - - - - - 
received--r decided to gow~d~-~~th-the-~ve~tiga~on-~-~ceI 
- - - - - -  
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
me OTfiCer%-Ch%gEEoftb.e-fithi=  W-~zatimFd@am-k-&eUnIted Xrab Kmitafe3-cbnfrBdictEid tli6 ~ ~ C I S  
bf my- 
-  - - - - -  
statement-HE stated that the bn%fihgS -did h5ppEnF&~Hfhbuu&-mOfee fh3nnOneeAifZir- ContTadiCfeaaeX  StBfFmEiltS- - 
fhaf E r e  bnneEd with-m-e-&-d  coulil-statEXiE fact3 - - - - 
-  - - - -  
themserv>5.-TliG~i fefiSed t6 Call ki fh-6se-AiiihaX fh-LAi-ea D>TenSe-C6ii&51 ifaf6dfhsf fie@ vlewfdidnOt-apply lo my 
- - - - -  
case. riskea-fb? another EG6s~gaiiion-6n-thees'fatZmmehfS of ih-e-UAE 0-ffitE?SsSwhich-EOntiadiEkdamEe TWO d57i - - - 
lafe?l-wGiCshEd k-&ugh-the-diSchhige pI-oce;s.TdiaanOt-eiengkf  i-chh&Ei f6 gef ill iGparafionmGdiZarwork &at- - - - 
- - - - -  
needed 76 be-do%: ThG-AGBifenie Cbunciltbld meethat t&&VA- will dbbGiiwoik &it  they ZGurd-nOtg6tlo b>cauk 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
lack of time. At the VA Medical Center, I found out that this process is not standard procedure. 
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I - A€  fhiSpOiiil1-asked to can in tlie ~ifnesSe~~fiommy~s~~a~on 

I 

: I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 

- - - ( : I PREVIOUSLY SUBMrrED AN APPLICATION ON (Enter date) 

I  AND AM COMPLETING M I S  FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

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9.  CERTIFICATION 

I make the foregoing statements as part o f  my application with full knowledge o f  the 
statement.  (U.S. Code,  Tite 78, Section 7007, provides that an individual shall be fined 
or both.) 

a.  DATE (YYYYMMDD) 

20040208 

ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis,  MO  631 32-5200 

(See http://arba.army.pentagon.mil)  :  20374-5023 
DD FORM  293, DEC 2000 

NAW&MARlNE CORPS 

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I  Naval Council of Personnel Boards I 
:  720 Kennon Street,  S.E. 
: Washington Navy Yard,  DC 

Rm.  309 (NDRB) 

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involved for willfully making a false 
title or imprisoned not more than 5 years, 

. . . . . . . . . . . . . . . . . . . . . . . . . .  

AIR FORCE 

COAST GUARD 

I  SAF/MIBR 

:  550-C Street West,  Suite 40 
:  Randolph AFB,  TX  781 50-4742 : Washington, DC  20593-0001 

: Commandant (G-WPM) 
: 2100 Second Street, S.W. 

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Page 2 of 4 Pages 

'  ~EPARTMENT OF THE AIR FORCE' 
HEADQUARTERS sTH BOMB WING (ACC) 
MlNOT AIR  FORCE BASE, NORTH DAKOTA 

MEMORANDUM FOR ~~-^.ll.-F----._.pl- 

5 SVS 

NOV  2 6  2002 

FROIW:  5 SVSICC 

SUB.IECT:  Letter of Notification - AFI 36-3208, Para 5.50.2 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, specifically conduct prejudicial to good order and discipline.  The authority 
for this action is AFPD 36-32, Military Retirements and Separations,  14 Jul 93, and AFI 
36-3208, Administrative Separation of Airmen, 10 Mar 00, Chapter 5, Section H, paragraph 
5.50.2.  If my recommendation is approved, your discharge will be characterized as 
honorable or general.  I an1 recommending your service be characterized as general. 

2.  My reasons for this action are: 

a.  You, having received a lawful command from Colonel 

your superior 

commissioned officer, then known by you to be your superior commissioned officer, to 
receive the anthrax vaccination no later than 1600 hours on 26 Oct 02, or words to that 
effect, did, at Al Dhafra Air Base, United Arab Emirates, on or about 26 Oct 02, willfully 
disobey the same.  You were punished under Article 15 of the UCMJ on 31 Oct 02 and this 
incident was added to your existing Unfavorable Information File (UIF).  (Atch 3) 

b.  You, having received a lawful command from First Lieutenan 

your superior commissioned officer, then known by you to be your superior comrrrissioned 
officer, to receive the anthrax vaccination at 1400 hours, 19 Oct 02, or words to that effect, 
did, at Al Dhafra Air Base, United Arab Emirates, willfully disobey the same.  You were 
punished under Article 15 of the UCMJ on 25 Oct 02 and an UlF was established.  (Atch 4) 

3.  The Letter of Notification with attachments will be forwarded to the separation 
authority in support of this recommendation.  The Commander exercising SPCM 
jurisdiction  (5 BWICC) or a higher authority will decide whether you will be discharged 
or retained in the Air Force and if you are discharged, how your service will be 
characterized.  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 has been obtained to 
assist you.  I have made an appointment for you to consult Cap 
Defense Counsel, at 300 Summit Drive, Room 306A, a t m m  hours, on  Z i ' \ r ~ c ) L ,  
2002.  You may consult civilian legal counsel at your own expense. 

rea 

5.  You have the right to subrrrit statements on your own behalf.  Any statements you 
want the separation authority to consider must reach me by f i ~ c x 9  hours, on 33- 
2002, unless you request and receive an extension for good cause shown.  I will then 
send them to the separation authority. 

6.  If you fail to consult legal counsel or to submit statements 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 5th 
Medical Group Hospital, 10 Missile Avenue, Minot AFB, IVD at 
2002 for the examination.  You must not drink alcoholic beverages 72 hours prior to the 
exam. 

hours, on a-&L,d., 

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

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

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Commander, 5th Services Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF FM 3070, Record of Nonjudicial Punishment Proceedings, 4 Nov 02 
4.  AF FM 3070, Record of Nonjudicial Punishment Proceedings, 25 Oct 02