I 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AMN 

1 

X 
AUDRESS AND O R  ORGANIZATION OF COUNSEL 

RECORDREVIEW 

,q@FE OF THE BOARD 

8) 

h.*,* 

HON 

GEN 

IJO-IHC 

OTHER 

DENY 

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I 

EXHIBlTS SUBMITTED TO THE BOARD 

1  I  ORDER APPOINTlN(i  .].HE  BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICA'I"1ON 

PERSONAL APPtARANCE 

'I'APE  RECORDING OF PERSONAL APPEARANCE 

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1 

~ 

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TYPE  GEN 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

mIJNSEL 

YES 

No 
X 

MEMBER SITTING 

ISSUES  A94.05 

I  INDEX NUMBER 

A67.90 

HEARING DATE 

CASE NUMBER 

07 Mar 2006 
APPLICANT'S  ISSUE AND THE B0UU)'S  DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATION A I L  

FD-2005-00425 

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Case heard at Washington, D.C. 

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

SAFIMRRR 
550 C STREET WES I .   SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM. 

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-- 

SECRETAH1 O F  THE AIR FORCE PERSONNEL COUNCII. 
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 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. 

'l'he  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.  The applicant was discharged with a general discharge for pattern of misconduct - conduct 
prejudicial to good order and discipline.  The applicant received one Letter of Reprimand for being derelict 
in his duties for failure to follow procedures, which resulted in a traffic accident with a POV and failure to 
report.  Applicant received two Article  15's for disobeying a lawful order on two separate occasions refusing 
to take the Anthrax vaccination.  The applicant contends discharge was inequitable because "now.. .the shot 
is optional.. .If it were the same then I would have had a different career in the Air Force."  At the time 
applicant served in the Air Force, the Anthrax vaccination was mandatory, and thus the applicant was 
required to comply with the lawful order directed by his superior commissioned officer.  The DRB opined 
that through the 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 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF Los Angeles AFB, CA on 6 
Sep  00 UP AFI 36-3208, para 5 . 5 0 . 2   (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22  Apr 80.  Enlmt Age:  18 4/12.  Disch Age: 20 4 / 1 2 .   Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-70,  G-48,  M-70. PAFSC: 2T131 -  Vehicle Operations 
Apprentice. DAS: 9 Mar 99. 

b.  Prior Sv: (1) AFRes 9 Sep 98 -  20 Oct 98  (1 month 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  21 Oct 98 for 4 yrs. Svd: 01 Yrs 10 Mo 17 Das, all M S .  

b.  Grade Status:  Amn  -  20 J u l   00  (Article 15, 2 0   Jul 0 0 )  

A1C -  22 Feb 00 
A m  -  22 Apr 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Jun 00, Kadena AB, Japan -  Article 90.  You, having 

received a lawful command from Col I 
your superior commissioned officer, then known by you to 
be your superior commissioned officer, to immediately 
report to 
to receive an anthrax vaccination, or words to that 
effect, did, on or about 6 Jul 00, willfully disobey the 
same.  Reduction to Airman.  (No appeal)  (No mitigation) 

Medical Group, Kadena AB, Okinawa, Japan, 

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( 2 )   31 May 00, Kadena AB, Japan -  Article 90.  You, having 

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received a lawful command from Maj 1 -------------------------------II 
your superior commissioned officer, then known by you to 
be your superior commissioned officer, to immediately 
report to 18th Medical Group, Kadena AB, Okinawa, Japan, 
to receive an anthrax vaccination, or words to that 
effect, did, on or about 2 May 00, willfully disobey the 
same.  Suspended reduction to Airman.  Forfeiture of 
$563.00 pay, and 14 days extra duty.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 19 OCT 99 -  Dereliction of duty, failure to report at 
the prescribed time to appointed place of 
duty, and unprofessional personal 

f.  CM:  None. 

g.  Record of SV: 21 Oct 99 -  20 Jun 00  Radena AB  2  (1nitial)REF 

appearance and attitude, 

h.  Awards &  Decs:  AFOSLTR, AFTR 

i.  Stmt of Sv:  TMS:  (01) Yrs  (11) Mos  (28) Das 
TAMS:  (01) Yrs  (10) Mos  (17) Das 

4 .   BASTS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 02 Nov 05. 

(Change Discharge to Honorable) 

Issue 1:  As you probably know that I was discharged from Active Duty for 
refusing to take that anthrax shot(s).  My appeal is pretty simple.  Now that 
the shot is optional.  I wish to be given that same choice.  If it were the same 
then S would have had a different career in the Air Force.  If you could, please 
upgrade my discharge and I will continue to live happy.  That's it.  Very 
simple.  I don't want anything else but that.  Actually, if I could still get my 
GI Bill that would be great! 

ATCH 
None. 

PACIFIC AIR FORCES 

FD2005-00425 

J5, AUG  2000 

MEMORANDUM FOR AMNI 

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FROM: 1 8 TRANSfCC 

SUBJECT: Notification Memorandum 
1.  I am recommending your discharge from  the  United  States  Air  Force  for  Pattern of Misconduct - 
Conduct Prejudicial to Cood Order and Discipline.  The authority for my recommendation is AFPD 36-32 
and  AFI  36-3208,  paragraph  5.50.2. 
If  my  recommendation  is  approved,  then  your  service  may  be 
characterized as either honorable or under honorable conditions (general).  1  am  recommending that your 
service be characterized as under honorable conditions (general).  If your discharge is approved, then  I  am 
further recommending that you not receive probation and rehabilitation. 

2.  My specific reasons for this action are: 

a.  On  or about  14 Oct 99, you  were derelict in your duties when  you failed to travel with  your radio 
during an exercise and  by not following proper  backing procedures which  resulted  in  a trafic accident 
with a POV.  On or about 15 Oct 99, you failed to report at the prescribed time to your appointed place of 
duty.  In  addition, your attitude and personal appearance were completely unprofessional.  As a result of 
these actions, you received a Letter of Reprimand on 19 Oct 99 (Tab 1 - 1). 

b.  On  or about 2 May 00,  you  willfully  disobeyed an  order from  me,  your  superior cammissioned 
officer, to receive an anthrax vaccination.  You consequently received nonjudicial punishment pursuant to 
Article  15,  UCMJ.  Punishment  consisted  of  a  six-month  suspended reduction  to  the  grade of  airman, 
forfeiture of $563.00  pay per month for one month,  14 days extra duty, and an  Unfavorable Information 

'  File (UIF) was established on 5 Jun 00 (Tab 1-2). 

c.  On  or about 6 Jul  00, you  willfully disobeyed an  order from  Colonel; - - - - - - - - - - - - - - - - - - - - - - I  

I,  your 
superior commissioned officer, to receive an anthrax vaccination (2nd order).  You consequently received 
nonjudicial punishment pursuant to Article 15, UCMJ. Punishment consisted of a reduction to the grade 
of airman, with  a new date of rank of 20 Jul  00, and a copy of the Artiole 15  was placed  in your existing 
U I F an 25 Jul00 (Tab 1-31, 

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

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation 
are attached.  The commander exercising SPCM jurisdiction or a higher authority will decide whether you 
will be discharged or retained in the United States Air Force and, if you are discharged, how  your service 
will be characterized.  If you are discharged, then you will be ineligible for reenlistment in the Air ~orce. 

4.  You  have the right to consult counsel. 
made  an  appointment  for  you  to  consult 
Building  1460 on  Jb  A+ 
expense. 

at 

- - - - - - - - - - - - - -  - at  the  Area  Defense  Counsel  at 

has been obtained to assist you.  I  have 

ours.  You may  oonsult civilian  counsel  at  your  own 

5.  You  have the right to submit statements in response to this action.  Any statements that you want the 
separation authority to consider must reach  me  by 
00  unless you  requpst  and  receive an 
extension for good ca~ise shown.  1 will send them to 

6.  If you  fail to  consult counsel  or  to  submit  statomcnts in your  own behalf,  then  your  failure  will 
constitute a' waiver o f  your right to do so. 

7. You have been  scheduled for a medical examination.  You must report to the  Physical Examination 
on  12 h -2  DO  for the examination. 
Section, 18th Medical Group, Kadcna AB, Japan at  0 8 

8.  The Privacy Act Statement of 1974'covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use at the Area Defense Counsel's office. 

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

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L - - - - - - - - - - - - - - - -  

Commander, l'%th Transportation Squadron 

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Attachments: 
I .   LOR, dated  19 Oct 99 
2.  AF Form  3070; supporting documents; AF Form 1 137 
3.  AF Form 3070; supporting documents; AF Form  11 37 
4.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 

Bonuses 

5.  Airman's Receipt of Notification Memorandum