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 OF 
PERSONAL APPEARANCE 

TAPE RECORDFNG OF PERSONAL APPEAMNCE HE 

HEARING DATE 

CASE NUMBER 

12 Jun 2007 
APPLICANT'S ISSUE AND TH6 BOARD'S  DECISIONAL RATJONA~"&&@~~USSBDON 

FD-2006-00172 

1 

THE AlTACHED AIR FORCE DIS@~,~@  W I e W  BOARD DECISI'QNAL RATIONALE 

I 

I 

Case heard in Washington, D.C. via video teleconference  with Robins AFB, GA 

Advise applicant of the decision of the Board 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: 

SAFNRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

1  - 

DATE:  6/12/2007 

.... 

SECRETARY  OF THE AIR FORCE PERSONNWI. COllNClL 
AIRFORCE DISCHARGE REVIEW  BOARD 
1535 COMMANI) DR, EE WING, 3RD FLOOR 
ANI)REWS 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-2006-00172 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant appeared  and testified  before the Discharge Review Board  (DRB) without counsel, via video 
I - - - - - - - - - - - - - - - -  Andrews  AFB,  MD  and  Robins  AFB,  GA  on  12 Jun  2007.  Observing  the  DRB 
teleconference  between 
hearing was Ms.; ---------------: 
the applicant's wife. 

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. 

Issue 1. The applicant's  implicit contention is that his discharge was inequitable because  it did not take into 
account the fact that the initial mandatory Anthrax Vaccine Immunization Program (AVIP) was followed by 
an intervening period of time in which it was purely voluntary, or words to that effect.  The record indicates 
that the applicant received  an Article  15 and one Memorandum for Record for twice failing to obey a lawful 
order to receive an Anthrax vaccination.  It is important to note that at the time of the applicant's  refusal to 
comply  (October  1999) the AVIP  was  a mandatory  program  for  individuals within  his organization.  The 
DRB found the member's  refusal particularly unusual in the context of his testimony that he had previously 
received  an initial Anthrax vaccine that resulted  in a non-systemic  reaction ("painful  lump");  a recognized 
reaction which did not result in nor require referral for further medical  analysis.  In the applicant's  response 
to the Article  15, however, he cited the death of his father due to "four different types of cancer" reportedly 
due to exposure to Agent  Orange,  and his  "refusal  to let  [his] son grow  up without  a father if it could  be 
prevented"  by avoidance of the Anthrax  vaccine.  'The  applicant's  response also included a statement of the 
"several  occasions  [in which  he  believes]  the  U.S.  Government  hasn't7 taken  responsibility for any action 
imposed  upon  its members."  The applicant also testified  that  prior  to  deciding against taking  the  Anthrax 
vaccine, he had  consulted with his mother  and immediate supervisor; the former supporting the applicant's 
refusal  and  the  latter  encouraging  him  to  comply.  The  Anthrax  vaccine  program  is  based  on  a  military 
readiness  obligation,  and  personal  philosophy  or  unfounded  health  concerns  do  not  excuse  a  n~ilitay 
member from obedience.  Such a contention has no place in a military organization grounded in good order 
and discipline.  The Board acknowledged the applicant's  concerns, but concluded the applicant's  misconduct 
was a significant departure from conduct expected of all military members. 

Issue 2.  The DRB acknowledged the member's exceptional post-service employment and the significant 
contributions he has made as a civilian contract employee during combat operations in Iraq.  The DRB was 
also pleased to hear that the current characterization of the applicant's  service has not adversely affected his 
employability.  Further, given the opportunity to serve again, the applicant testified that he would now 
comply with his required Anthrax vaccine, citing among reasons his current age, experience, and the length 
of time that has transpired since the initial concerns regarding the safety of the vaccine were raised. 
However, the Board again found no evidence of an inequity or impropriety in the course of the hearing. 

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 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 19 
Nov 99 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Dec 76.  Enlmt Age: 20 4/12.  Disch Age: 22 al/l2. Educ: HS DIPL. 

AFQT: N/A.  A - 8 0 ,   E-77,  G-86,  M-81. PAFSC: 3E131 - Heating, Ventilation, Air 
Conditioning and Refrigeration Apprentice. DAS: 10 Jan 98. 

b.  Prior Sv: (1) AFRes 29 Apr 97 -  25 Jun 97 (1 month 27 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Jun 97 for 4 yrs. Svd: 02 Yrs 04 Mo 24 Das, all AMS. 

b.  Grade Status:  AB -  18 Oct 99 (Article 15, 18 Oct 99) 

A1C -  26 Oct 98 
Amn -  26 Dec 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 Oct 99, Elmendorf AFB, Germany -  Article 92.  You, 
a lawful written order, dated 5 Oct 
3  3 CES/CC, to wit : 

having knowledge of ............................. 
99 ,  issued by Col 1 .-..-..-..-.-..-..-..-..-..- 
to immediately report to Military Public Health, 3rd 
Medical Group, Elmendorf AFB, Alaska, and there receive 
an anthrax vaccination, an order which it was your duty 
to obey, did, on 6 Oct 99, fail to obey the same by 
wrongfully refusing to report to Military Public Health, 
3rd Medical Group, Elmendorf AFB, Alaska, and there 
receive an anthrax vaccination.  Reduction to AB. 
(No appeal) (No mitigation) 

e ,   Additional: 3 CES/CC MEMO, 19 OCT 99 -  Failure to obey a lawful order. 

f.  CM:  None, 

g.  Record of SV: 26 Jun 97 -  11 Mar 99  Elmendorf AFB  4  (Initial) 

12 Mar 99 -  01 Oct 99  Elmendorf AFB  5  (CRO) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (02) Yrs  (06) Mos  (21) Das 
TAMS: (02) Yrs  (04) MOS (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )  dtd 27 Apr 06. 

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. DD Form 214. 

APPUCATlON FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

l P h r s r ~ k r t l n r e a k n + m p . g U 3 ~ 4 B E f O R E ~ ~ t h k . p P , ~ . )  

t 

- 

ow NO. 07- 
OMB  w 
AUg 31,2006 

n * p a * o n p m k o b v d n M o l b J I d d k h m v l l o n I . n d n * r l . . r r r r p . 3 0 n M r p r ~ , C l e L I d k O r ) l . b ) o r n v l r r H l O h . f u n i a u . ~ o l t r t k O h . o M . m .  
pchrkOmd-Ih~ln&d,*rlosmp*tkgndnvk**rp*.od*ccbnd~h. 
d h t # n u P b n , ~ u r O p r k n r

~ l d t u l m m e I ~ h * b v b n ~ o r * * ~ ~ h r ~ d l h i r ~  

r

*

r

. k n * n , m ~ a p m n n d ~ , ~ ~ D M m a ~ ~ . ~ W d b a r

t s ~ *
l w h l ~ m c o n p ) y u l l k a o d l . m k n d ~ # k d o w ~ d r p l y ~ - ~ v l # O U ) m s d n u n b . r .  
TIW.  Rmwm m m  KH)ry TO TW  APWWlUl'E  AOMTSS ON M C K  OF THIS 
B

o M ~

 

d b w , n o  
T

~

~

m h d b m b j d m m  
-

~ M A

T

& % ~
PAGE. 
. . 

PRlVACY ACT 8 T A m T  

1 

'-1 

AUTHORhY  10 U.S.C.  1553: E.O.  9397. 

hr  to h mvmwmd).  PLEASE PRINT OR TYPE INFORMATION. 

I PRINCIPAL PURP0SE(S):  To apply for  a change in tho chsractefimtion or reason for miliury dischgo issued to an individual. 

ROUTINE USEIS):  Nan.. 
DISCLOSURE:  Voluntaw;  however, failure to ~rovido identiwng information may i w d o  proc&ng  of  this application.  The request for 
Sodd Security Number is strictfy to assum pr&mr  idontiffcatkn-of the individual-wdapproprietet records. 
1.  APPUCANT DATA  flhs parson who-  dl- 
IAW I 
I K ( AIR  FORCE 
I W U ~ ~ C H O F ~ E R V I C E I X O ~ )  
!.-  -!E:  -T -h 
------ 
2 DATE OF MSCHARQE OR SEPARATION  4.  DISCHARGE CHARACTERlZATlON RECElVED (Xons)  6.  BOARD ACTION  REOUESTED I X o M  
IYYYYMMDDJ I#  date Ls mom than 16 y ~ c r  ". - 
I 3. UNIT AND LOCATION AT USCHARGE 

~
T H A W H ~
aAD CONDucT (Spsakl caut-mrcW or&/ 
UKlWtAeTEWzED 
0- 

C H A W  TO QENRAUVNDER 
HONOfiABLe CONMTIWS 
A
 
UUM TO UlSCHARAcrrwzED 
Ifhi 4-& 
cHAmje lUWUTWi REASON FOR 
SPARATION TO: 

3 CES CEO F1 ElmenMAFB, AK  . 

%  QElYERAUUNDERHWRABLL-W 

r e 1  
19991118 

a  G R W M l W K  AT MaCHARae 

I C O A ~  GUARD 

d.  SOCIAL SECUtKPl NUMBER 

)C  CHANGE TO HONOflALE 

OR  SEPARATlON 

&53,a4mi7t.rX,Fcnn 

fw A& FomcI 

)MAJW!COWS 

1 NAW 

-  -- 

L

E

~

~

~

~

~

J

~

A

IExpWnl 

E-l 

I 

- 

I 

B

~

I 
I 

I was dischgtd for 
other offenses on my 

April 27,2006 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

In Atbu to: Board of Corrections of Air Force Records 

Board of Corrections of Air Force Records 
SAF/MRBR 
550-C Street West Suite 40 
Randolph AFB, TRX 78150-4742 

.  . 

. 

_ . _   . . 

__  _- ___ ...__ -- ,. 

-- 

, 

To Whom It May Concern: 

:am submitting this asking this court to upgrade my current general 

11 ............-.-.-- 
discharge to Honorable.  In November,  1999,I was discharged for refusing the anthrax 
vaccine.  Other than this situation my military record was spotless. 

1 

Since my discharge, I have dedicated my life to civil service.  I became 

FirefighteriErnergency Medical Technician in Florida  I worked in this field until March 
of 2005, when I was offered the opportunity to go to Jraq and work as a Firefighter/ 
EMT.  While in Iraq, I was the Training OfEicer for Camp Fallujah Fire Rescue, Iraq.  In 
October 2005, I was offered a job as a Security Operator/ Tactical Medic.  I conducted 
convoy security operations in Western Iraq.  In March 2006, I completed my National 
Registry Emergency Medical Technician Intermediate in Savannah, Georgia.  I am 
planning on returning to Iraq for another contract. 
Based on these infonnation and the fact that anthrax vaccine are now voluntary and not 
mandatory, I feel that it wrong and unjust to refuse the upgrade of my discharge. 

Sincerely 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 3 CESICEOFI (AB: 

FROM:  3 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct based on 
minor disciplinary infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If my recommendation is approved, your service will be characterized as 
honorable, general, or under other than honorable conditions.  I am recommending your service 
be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 5 Oct 99, you, having knowledge of a lawful order to immediately report 
to Military Public Health and receive an anthrax vaccination, did fail to obey the same.  For this 
offense you received an Article 15, dated 21 Oct 99, and an Unfavorable Information File entry. 
You were reduced to the rank of airman basic with a new date of rank of 18 Oct 99. 

b.  On or about 19 Oct 99, you, having knowledge of a second lawful order 

to immediately receive an anthrax vaccination, did fail to obey the same.  For this offense 
discharge action was initiated.  This is evidenced by 3 CESICC Memo, dated  19 Oct 99. 

. 

. 

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 are 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, and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult .legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capt;------; 552-3887, at Bldg 10480, 
. You may consult civilian counsel at your own 
Rm 330 on 
expense, 

at 

, - - - - - - - I  

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of y o u  right to do so. 

7,  You have been scheduled for medical examinations.  You must report, with your medical 

records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at a dfl  on  /NQV  yy 

for your first exam, at which time you will be notified of the time for your second exam.  You are 
to rehin from alcohol for 72 hours, and refiain from the use of tobacco products for 6 hours, 
prior to examination.  Bring eyeglasses (and contact solution if using contacts) if applicable. 
You must be in uniform for these examinations. 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
5  on  2 AM v  7. You have also been scheduled 
the Family Support Center at  / 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 851 7 
(People Center), Rrn 247 at  0 73 0 
V  49  . You must be in uniform for 
all appointments. 

on 

9.  Any personal information you furnish in rebuttal is covered by the privacy'~ct of 1974.  A 
copy of AFI 36-3208 is available for your use at your Squadron Orderly Room. 

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

Commander 

Attachments: 
1.  3 CES/CC Memo, 19 Oct 99 
2.  Article 15,21 Oct 99