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AF | DRB | CY2004 | FD2004-00029
Original file (FD2004-00029.pdf) Auto-classification: Denied
, 

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 

I 

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. 



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