DFNC' 

~ 

I 

- 

I 

INDEY  NllhlBER 

A67.90 

I 

I 

I 

I 

EXHIBI'I'S SUBMITTED TO THE BOARD 

1  1  I  ORDER AI'POINTMG  THE ROAKU 
2  1  APPLICATION FOR RFVIkW OF DISCHARCiE 
3  1 
4 

IX17.EK  O F  NOTIFICATION 
BRIEF OF PERSONNEI, FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL GXIIIBITS SURMl'I"I'fiD AT TIME OF 
PEKSONAL APPEARANCE 
1  TAPE RECORDING O F  PERSONAI, APPEARANCE 

NAME OF SERVICE MBMllhK (LASI;  IIHS'I MIDDLE INITIAL) 

I  GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

COUNSE1" 

YES 

NO 
X 

I 

I 

NAML O F  COUNSEL AND O H  ORGANIZATION 

ADDRESS AND OR ORCANlZAllON O F  COIINSEI. 

AB 

MEMBER SITTING 

h  G *

, 

HON 

W B I O F  W E  s b ~ @ ~  
;
I 

 
I  OTIIER 

-
UOTHL 

F

?

HEARING  DATE 

CASE NUMBER 

I 

15 Feb 2006 
APPLICAKT'S ISSUE AND TIEUOARD'S DECISIOhAL RATIONAL ARE DISCUSSED  ON  r t  A  I'TACHED 41R FORCE DISCHARGE U V I E W  BOARD DEClSlOhAI. RhTlONALb 

I 

I 

I 

Case heard at Washington, D.C. 

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

Names and votes will be made available to the applicant at the applicant's  request. 

TO: 

SAFIMRBK 
550 C STREET WEST, Slll'fE 40 
RANDOLPH AFH, TX 78 150-4742 

FROhl: 

SECRETARY O F  TllF AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE  DISCHARGE REVIEW  BOARD 
1535 COMMAND DR, RE 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-2005-00270 

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 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  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: 

Issue 1.  Applicant contends discharge was inequitable because he failed to obey a direct order to take 
Anthrax Vaccination.  At the time it was mandatory and he contends the policy has changed and members 
are no longer required to take vaccination.  The records indicated the applicant received two Articles 15s for 
willfully disobeying a lawful order on two separate occasions.  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 

ANDREMS  AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Robins AFB, GA on 25 Aug 99 
UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 21 Oct 78. Enlmt Age: 17 2/12. Disch Age: 20 10/12. Educ: HS DIPL. 

AFQT: N/A,  A-41,  E-53,  G-64,  M-21. PAFSC: 3C051 -  Corn-Computer Systems 
Operations Journeyman. DAS: 01 Dec 96. 

b.  Prior Sv:  (1) AFRes 22 Feb 96 -  09 ~ u l  96  ( 4  months 18 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 10 Jul 96 for 4 yrs. Svd: 03 Yrs 01 Mo 16 Das, all A M S .  

b.  Grade Status:  AB -  13 Jul 99  (Article 15, 13 Jul 99) 
Amn  -  25 Jun 99 (Article 15, 25 Jun 99) 
A1C  -  10 NOV 97 
Amn  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jul 99, Robins AFB, GA -  Article 90.  You, having 

1 

I 
1 
l 

I 

received a lawful command from ~t Col 
your superior commissioned officer, then known by you to 
be your your superior commissioned officer to 
"immediately report to the Allergy/Immunology Clinic, 
78th Medical Group, Building 700, Robins AFB, GA and 
receive the anthrax vaccination," or words to that 
effect, did, on or about 30 Jun 99, willfully disobey 
the same.  Reduction to AB, and a reprimand. (No appeal) 
(No mitigation) 

(2) 25 Jun 99, Robins AFB, GA -  Article 90,  You, having 

received a lawful command from Lt Col 
your superior commissioned officer, then known by you to 
be your superior commissioned officer to  "immediately 
report to the Allergy/lrnunology Clinic, 78th Medical 
Group, Building 700, Robins AFB, GA and receive the 
anthrax vaccination," or words to that effect, did, on 
or about 15 Jun 99, willfully disobey the same. 
Reduction to Airman, 15 days extra duty, and a 
reprimand. (No appeal) (No mitigation) 

, 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 10 Jul 96 -  09 Mar 98  Robins AFB  3  (Initial) 

10 Mar 98 -  09 Mar 99  Robins A F B   4  (Annual) 

h.  A w a r d s   &  Decs:  A F T R ,   AFEM,  AFOUA. 

i.  Stmt of Sv:  TMS: (03) Yrs (06) Mos  (04) Das 
TAMS: (03) Yrs  (01) Mos  (16) Das 

4 .   BASIS AMTANCED  FOR REVIEW:  Appln  ( D D   Fm  2 9 3 )   dtd 08 Jul 05 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO B R I E F .  

ATCH 
1. Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please  r e a d  i n s t r u c t i o n s  o n  Pages 3 a n d  4 BEFORE c o m p l e t i n g  t h i s  application.) 

F o r m  A p p r o v e d  
OMB NO. 0704-0004 
Expires Aug  31,  2006 

Tho public reporting burden for this ~olleotion of  information is estivated to average 30 minutes per  response,  including the time for  raviawing instructions, searching existing data sources. 
gathering and maintaininp the data needed,  and completing and reviewing the collection of information.  Send comments regarding this burden estimate or  any other aspect of this collection 
i f  information, includingiuggsstions for reducing the burdsn,  to the ~ e ~ a r t m e n t  of Defense, Executive Services and Communications Directorate (0704-M)04I. Respondents should be  aware 
that notwithstanding any  other provision of law,  no parson shall be subject to any penalty for failing to comply with  a  collsction of  information if  it does not display a  currently valid OMB 
control number.  PLEASE  DO  NOT  RETURN YOUR  FORM TO  THE  ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE  APPROPRIATE  ADDRESS  ON 
BACK OF THlS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization  or reason for  military discharge issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The  p e r s o n  w h o s e  discharge is t o  be reviewed).  PLEASE PRINT OR  TYJE  INFORMATION. 
a.  BRANCH OF SERVICE /X one)  I 
b.  NAME /Last.  First.  Middle InirialJ 

-  A 
k -  L  I 
OF  DISC~ARGE OR  SEPARATION ' 4.  DISCHARGE CHAkACTERIZATlON RECEIVED i X  one) )l  5.  B O A R ~ T I O N  REQUMED 

d.  SOCIAL SECURITY NUMBER 

c.  GRADEIRANK AT DISCHARGE 

I ARMY 

MARINE CORPS 

COASTOUARD 

AIR  FORCE 

(X one) 

NAVY 

(YYYYMMDDJ /If date i s  more than  15 years 
ago,  submit a D D  Form 149) 
I"i"lQT7  25- 

3.  UNIT AND LOCATION AT DISCHARGE 

1  HONORABLE 
F 
GENERALIUNDER HONORABLE CONDITIONS 

UNDER OTHER THAN HONORABLE CONDITIONS 

I BAD CONDUCT  (Special court-martial only) 

-. 

CHANGE TO HONORABLE 
CHANGE TO GENERALIUNDER 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERIZ ED 
I /Not spplicable  for Air Force) 
I CHANGE NARRATIVE REASON FOR 
I SEPARATION TO: 

I 
1 

I 

UNCHE D  ~ I E D I - C ~  

q n m u  I =nlL=w 
.
I I E x ~ l a i n l  

  - 

.

I 

I 

I  W ~ r n c r  i b b ~ n r  1  v A  
Page 3.1  ne fZeqD, 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem 14.  See instructions on 
ihi 
A ' 6 c h e d P  
erii+  0-%  +kc?. 
berue 

$Lr  h5 ~ , E s C  ~ C X * . ~ ~ S F  z  -5 
4s  . + ~ ~ g c +  o r ~ - = y ,  3.d &v.+' 
. 

r t C % ~   h . e e   mra  , ~ o b s . i w e ~ g  
r ~  

 .Sn\+-  +, 

P ~ C G  

~ o h i

, 

+

~

~

~

+

~

~

v

x

*

;

-

:

,

l

I

 

.

*-  . 

+ 

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IVVYYMMDD) 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

.  "

A

 

8.  IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem 17. 

lf military documents o r  medical records are relevant t o  your case,  please send copies.) 

9.  TYPE OF REVIEW REQUESTED IX one) 
\,  1 CONDUCT A  RECORD REVIEW OF M Y  DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL  DOCUMENTATION 
I SUBMITTED BY ME.  I AND/OR  ~counsel/representative~ WILL NOT APPEAR BEFORE THE BOARD. 
I I AND/OR  (counsel/representarivel WISH TO APPEAR A T  A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  W.C.  METROPOLITAN AREA. 
I AND/OR Icounsel/represenrarivel WISH TO  4PPEAR A T  A  HEARING AT  NO EXPENSE TO THE GOVERNMENT BEFORE A  TRaVELING PANEL CLOSEST T 0  
(NOTE:  The Navy Discharge Review Board does nor have a t r a v e h g  panel.) 
(enter city and srate) 

10.a. COUNSELlREPRESENTATlVE (If  any)  NAME (Last,  First,  Middle Initial) AND ADDRESS  b.  TELEPHONE NUMBER Ilnclude Area Code1 

(See l t e m  10 o f  the instructions about counsel/representatrve.l 

I 

I 

c.  E-MAIL 

d.  FAX NUMBER (Include  Area Code) 

I 

11.  APPLICANT MUST SIGN IN ITEM 13.a. BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant, indicate 
the nama (print) 
SPOUSE 
,    ward notification o f  any chenge in address ) 
,
>.. 

and relationship by marklng a box below. 
LEGAL REPRESENTATIVE 

b.  TELEPHONE NUMBER (Include  Area Code) 

A  q\, { 
* .

c.  E-MAIL 
-

NEXT OF KIN 

" .  . 

WIDOWER 

WIDOW 

, 

"* 

" 

 

* 

" 

"

1

 

 

A

_

"

 

.

.

.

d.  FAX NUMBER Ilnclude Area Code) 

I 

13.  CERTIFICATION.  I make the foregoing  statements,  as part of my claim,  with full knowledge of the 
penalties involved for willfully making a false statement or clalm.  (U.S. Code,  Title  18,  S e c t i o n s  287 
a n d  1001,  p r o v i d e  that an individual s h a l l  b e  f i n e d  u n d e r  t h i s  t i t l e  o r  i m p r i s o n e d  n o t  m o r e  t h a n  5 years, 
o r  both.) 

a.  SIGNATURE - REQUIRED  (Applicant  or person in /tern  1 I above) 

(YYYYMMDD) 

b.  DATE SIGNED -  REQUIRED 
I  goes  07  og 

DD FORM 293, MAR 2004 

PREVIOUS EDITIONS ARE  OBSOLETE. 

CASE NUMBER 

(Do  n o t  w r i t e  in t h i s  space.) 

Page 1 of 4 Pages 

14. CONTINUATION  OF  ITEM 6, ISSUES (If applicable] 

I-AGrC~COp 
~

- c u ~ ~ ~ ~ , - +  
~

~

~

~

 

&c&* 

\ I  2 

G  &5e  4 A A r p r  

%e+j 
n w - b + ,   wt<+fiv3 md  1 1  m y   ~pt'N;^ -F 
b~+---Ilir  SLT 
T ~ M  
so&*% 

-=kk(  (;-  - f  04 

)VI&e*-r 

w o w 1 8   or WOUIP 

I  T 36t~nC.4 4 
( / 3 ~  ~-p,d Y O W ~  a d  bu  n lot  34 hit 
LoCc xuwh& 9*(4' Wc.r  &.P  (5bldrr'~ b k  ktdt c"D  & ~ i ? - /   SW-{CWS hn&l*&( 

( 2 L - t  h~ ~ L I S  

&CF~% 

c & t

~

3
L ~ U S  kt..) 

$ p e r   ll 

in  y o ~ r  SY 5k m . -TLS