,
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE
AFSNISSAN
. .
PERSONAL APPEARANCE
I
COmm
NAME OF COUNSEL AND OR ORGANUATION
I
IX
I
I
I
RECORDREVIEW
I
ADDRESS AND OR ORGANUATION OF COUNSEL
j
1
MEMBER SITTING
4 i
HON
GEN
I
I UOTHC
I OTHER
I DENY
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I
I
ISSUES 1 A94.05
-..-.-..-..-..-...-. .-..-..-
1 INDEX NUMBER A67.00
HEARING DATE
CASE NUMBER
1
I
X
EXHLBiTS SUBMITTED 'l% TfIEBOMD
I ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DlSCHARGE
1
2
3 1 LETTER OF NOTIFICATION
4 1 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
I TAPE RECORDING OF PERSONAL APPEARANCE
08 J u n 2004
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2004-00029
I
I
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
Tn.
SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78 150-4742
%eWrn
I FROM:
"
DATE: 6/'iSZW
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-2004-00029
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.
ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for failure to obey a lawful order to take the Anthrax vaccination. 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
I
FD2004 -00029
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH SRA)
MISSING DISCHARGE DOCUMENTS
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Elmendorf AFB, AK on 7 Dec 99
UP AFI 36-3208 (Misconduct). Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 25 Aug 74. Enlmt Age: 19 10/12. Disch Age: 25 3/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-69, G-78, M-68. PAFSC: 4P051 - Pharmacy Journeyman.
DAS: 13 Jun 97.
b. Prior Sv: (1) AFRes 12 Jul 94 - 27 Sep 94 (2 months 16 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as A m 28 Sep 94 for 4 yrs. Extended 26 Feb 97 for 21 months.
Svd: 5 Yrs 2 Mo 10 Das, all AMS.
b. Grade Status: AB - 28 Sep 99 (Article 15, 28 Sep 99)
SrA - 28 Sep 97
A1C - 28 Jul 95
c. Time Lost: None'.
d. Art 15's: (1) 28 Sep 99, Elmendorf AFB, AK - Article 92. You, having
f a lawful written order issued by ~014ilQlllb
3 MDSS/CC, to wit: to immediately report to
Military Public Health, 31d Medical Group, Elmendorf
AFB, AK, and there receive an anthrax vaccination, dated
20 Sep 99, an order which it was your duty to obey, did,
on 20 Sep 99, fail to obey the same by wrongfully
refusing to report to Military Public Health, 31d
Medical Group, Elmendorf AFB, AK, and there receive an
anthrax vaccination. Reduction to AB. (No appeal) (No
mitigation)
e. Additional: Unknown
f. CM: None
g. Record of SV: 28 Sep 94 - 27 May 96 RAF Lakenheath 5 (Initial)
28 May 96 - 08 Apr 97 RAF Lakenheath 4 (CRO)
09 Apr 97 - 09 Apr 98 Elmendorf AFB 3 (Annual)
09 Apr 98 - 08 Dec 98 Elmendorf AFB 5 (CRO)
h. Awards & Decs: AFAM, AFLSAR, AFTR, AFOSLTR, NDSM, AFOUA W/1 DEV,
AFGCM .
i. Stmt of Sv: TMS: (5) Yrs (4) Mos (26) Das
TAMS: (5) Yrs (2) MOS (10) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 26 Jul 03.
(Change Discharge to Honorable)
Issue 1: I believe my discharge should be upgraded to honorable because my
record was flawless up until I refused the Anthrax vaccine in October 1999.
Issue 2: I researched the safety of the vaccine for 9 months before I made
the hard decision to refuse it.
Issue 3: I had not had children yet and I was quite concerned with the lack
of studies done with the vaccine concerning fertility.
Issue 4: The vaccine was an 18 month course for the full amount. One every
two weeks and then one every 6 months. The insert for the vaccine stated that
one needed the full course to be "protected", however I was due to separate
honorably 8 months from the time I was given the order to receive the vaccine.
The government would have been wasting $ $ on my partial course for the anthrax
vaccine.
ATCH
1. DD Form 214.
AF | DRB | CY2007 | FD2006-00397
In view of the foregoing findings, the Board furthcr 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 SRA) 1. In addition to military counsel, you have the right to employ civilian counsel.
AF | DRB | CY2003 | FD2003-00032
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0032 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received two Article 15s for failure to obey a lawful command to take the Anthrax vaccination. (Appeal/Denied) (No mitigation) (2) 23 Jan 01, RAF Lakenheath, UK ~ Article 90.
AF | DRB | CY2007 | FD2006-00172
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD BEARING RECORD ------ X NAME OF COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE AB RECORD REVIEW C.-.-..-..-...I ADDRESS AND OR ORGANIZATION OF COUNSFL -.-.q.m.--.w rwE GEN $$"~@*~d~~~f%y YES No X MEMBER SITTING 1 I ORDER APPOINTTNG THE BOARD 2 1 APPLICATION FOR REVIEW OF DISCHARGE 3 1 LETTER OF NOTIFICATION 1 BRIEF OF PERSONNEL FILE 4 COUNSEL'S RELEASE TO THE BOARD ADDI'I'IONAL EXHIBITS SUBMI'II'EL) AT TIME...
AF | DRB | CY2001 | FD01-00046
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. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD-01-00046 (Former AB) 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...
AF | DRB | CY2007 | FD2006-00205
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. The records indicated the applicant received two Article 15's for misconduct. (Change Discharge to Honorable) Issue 1: 1 request an upgrade in order to use my benefits from the G.I.
AF | DRB | CY2001 | FD01-00068
The records indicated the applicant received an Article 15, a Letter of Reprimand, four Letters of Counseling, and was court-martialed for misconduct. 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. Svd: 3 Yrs 4 Mo 1 Das, of which AMs is 3 Yrs 2 Mos 1 Day (excludes 2 months lost time) b. Grade Status: AB - 98/08/07 (SPCMO# 13, 98/08/09) A1C -...
AF | DRB | CY2005 | FD2005-00147
However, based upon the record and evidence provided by applicant, the Board finds the applicant's UOTHC discharge is too harsh and upgrades it to a General. The records indicated the applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for misconduct, specifically, drug use. (Change Discharge to Honorable) Issue 1: I request that the "other than honorable" discharge from service dated 19971009 be upgraded to an honorable discharge.
AF | DRB | CY2006 | FD2005-00425
AIR FORCE DISCHARGE REVIEW BOARD 1535 C O M M ~ N D DR. EE WING, 3RD FLOOR ANDKEWS AFB, bin 20762-7~02 1 AFHQ FORM 0-2077, JAN 00 1 (EF-V2) Previous edition will be used d AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00425 GENERAL: The applicant appeals for upgrade of discharge to honorable. The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief , - - - - - - - - - - - - - - - - - - - - - - - -...
AF | DRB | CY2005 | FD2005-00041
TO: SAFIMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 FROM: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR EORCE DISCHARGE REVIEW BOARD 1535 COMMAND D R EE WING, 3RD ELOOR 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 m-2005-00041 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE...
AF | DRB | CY2004 | FD2003-00369
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. Memorandum, Air Force Implementation of the Anthrax Vaccine Immunization (AVIP), 28 Jun 02. ~ --r - - I PREVIOUSLY SUBMllTED AN APPLICATION ON (Enter date) AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.