AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M E  OF SERVICE MEMBER (LAS'I', PIKST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

GRADE 

AB 
I 

x 

AFSNISSAN 
---------------- 

RECORDREVIEW 

- - - - - - - - - - - - - - - I  

X 

+ 

MEMBER SITTING 

VOTE OF THE BOARD 

1 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

I 

1 

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

1sSllr:S 

A94.05 

INDEX NIJMRER 

A67.10 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF I'EKSONNEL  FILE 
COONSEL'S  RELEASE '1'0 'I'HE  BOARD 
ADDITIONAI,  EXHIBi'I'S SllBMiTTEU AT TIME OF 
PERSONAL APPEARANCE 

'TAI'E  RECORDING OF PERSONAL APPEAKANCt HE 

I 
2 
3 
4 

I 

HtiAKING DATE 

CASF NllMHFH 

10 May 2007 
APP1,ICANT'S ISWE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSFII ON THE A'TTACHhD AIR kORCE DISCHARGE REVLEW BOARD DECISIONAL RATIONALE 

FD-2006-00397 

Case heard in Washington, D.C. 

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

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

TO: 

....-..,..-,.-..-..----------------------------------------------,---------*--F------------------------------------------------J 

SAFIMRBR 
550 C STREET WEST. SIII'I'E 40 
RANDOLPH AFB, 'I'X 78 150-4742 

SECYETARV OF THE AIR COHCE YP:RSONNEI. COIlNCII. 
AIK YOKCG  1)ISCHAKGE HEVIEW B O A W  
1535 L'OMhlANU UR, EE WING, 3RD FLOOR 
ANDREWS AFB, hlD 20762.7002 

INDORSEMENT 

L' 

FROM: 

DATE:  513012007 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE KEVTEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00397 

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:  IJpgrade of discharge is denicd. 

The  Board  finds  that  neithcr  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

The applicant contends discharge was inequitablc on the basis of U.S. District Court Judge Emmet 
Sullivan's ruling on 22 December 2003 stating that thc shot be voluntary.  The record indicates that the 
applicant received a General discharge for Misconduct--Minor Disciplinary Infractions.  The misconduct 
included an Article  15 for disobeying a lawful order to rcport to Military Public Health and rcceive an 
anthrax vaccination and a memorandum indicating a second refusal to obey a lawful order to receive the 
anthrax vaccination.  At the time the 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 commander. 
7'hc Board concluded that the misconducl was a significant departure from conduct expected of all military 
membcrs.  The characterization oi'the  discharge rcceivcd by the applicant was found to be appropriate. 

'I'he  Discharge  Review  Board  co~icludes that  the  discharge  was  coilsistent  with  the 
CONCLUSIONS: 
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 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.  MATTER UNDER  REVIEW:  Appl recid a GEN Disch fr USAF Elmendorf AFB, AK on 17 
Sep 99 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Nov 74. Enlmt Age: 18 5/12.  Disch Age: 24 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-67,  (3-84,  M-76. PAFSC: 2W031 -  Munitions Systems 
Apprentice. DAS: 13 May 97. 

b.  Prior Sv: (1) AFRes 7 May 93 -  21 Jul 93  (2 months 15 days)(~nactive). 

(2) Enlisted as AB  22 Jul 93 for 4 years. Svd:  3 Yrs 3 MO 8 

Das, all AMS.  A m  -  22 Jan 94.  A1C -  22 Nov 94.  SrA -  2 2   Jul 96.  E P R s :  
4,5. 

3.  SERVICE UNDER  REVIEW: 

a.  Reenlisted as SrA 30 Oct 96 for 4 years. Svd: 02 Yrs 10 Mo 18 Das, all 

AMS . 

b.  Grade Status:  AB -  4 Aug 99 (Article 15, 4  Aug 99) 

c.  Time Lost:  None. 
d.  Art 15's:  4 Aug 99, Elmendorf AFB, AK - Article 92.  You, having ----------. 
knowledge of lawful written order issued by Lt ~oll---------l 
,..-..-..-.. -I ; 3EMS/CC, to wit: to immediately report to 
--.-..-..-..-. 
Military Public Health, 3rd Medical Group, Elmendorf 
AFB, AK, and there receive an anthrax vaccination, dated 
3 Aug 99, an order which it was your duty to obey, did, 
at Elmendorf AFB, AK, on 3 Aug 99, fail to obey the same 
by wrongfully refusing to report to Military Public 
Health, 3rd Medical Group, Elmendorf AFB, AK, and there 
receive an anthrax vaccination.  Reduction to AB. 

e.  Additional: MFR, 4 Aug 99 -  Second lawful order to immediately receive 
an anthrax vaccination and did fail to obey 
the same. 

f.  CM:  None. 

g.  Record of SV: 22 Mar 96 -  21 Mar 97  Luke AFB  4  (Annual) 

22 Mar 97 -  14 Dec 97  Elmendorf AFB 5 (CRO) 
15 Dec 97 -  14 Dec 98  Elmendorf AFB 5 (Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, SAEMR, AFOUA w/2 BEVS, AFGCM w/1 

DEV . 

i.  Stmt of Sv:  TMS: (06) Yrs (04) Mos  (10) Das 
TAMS:  (06) Yrs  (01) MOS  (26) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Aug 06. 

(Change Discharge to Honorable) 

* S -  District Court Judge 1 ----- ----- ----- ----- ----- -, 

Issue 1:  Individual discharged under refusal to take anthrax shot.  See 
:ruling on Dec 22, 2003 stating the 
shot be voluntary.  Individual has exemplary military record otherwise and has 
been an asset to the community. 

,-....-....-....-....~....~. 

ATCH 
1. Civil Action. 
2. Memorandum For Secretaries of the Military Departments. 
3. Congressional Correspondence. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 3 EMSlLGMWPL (A& ---- --- -- --- ----- --- ---!  a 16m 
FROM:  3 EMSICC 

I - - - - - - - - - - - - - - - - - - - - - - - -  

SUBJECT:  Notification Memorandum--Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force for misconduct based on 
minor disciplinary inf?actions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
under the provisions of paragraph 5.49.  Copies of the documents to be forwarded to the 
separation authority in support of this recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 3 Aug 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 3 Aug 99, an Unfavorable Information File entry, and 
were reduced to the rank of airman basic with a new date of rank of 4 Aug 99. 

b.  On or about 4 Aug '99, you, having knowledge of a second lawfUl order to 

immediately receive an anthrax vaccination, did fail to obey the same.  This is evidenced by a 
memorandum for record, dated 4 Aug 99.  For this refusal I initiated discharge action. 

3.  This action could result in your separation with an under other than honorable conditions 
- - - - 
diseharge-I-atwreeommendingyou receive an-under-otfKr-than-honorable-conditions-discharge~ 
The commander exercising SPCM jurisdiction or a higher authority will make the final decision 
in this matter.  If you are discharged, you will be ineligible for reenlistment in the Air Force and 
will probably be denied enlistment in any component of the armed forces, and any special pay, 
bonus, or education assistance funds may be subject to recoupment. 

4.  You have the right to: 

a.  Receive written notice of the reasons for discharge, including the circumstances upon 

which each reason is based, and the least favorable type of separation authorized. 

b.  Receive copies of the documents to be forwarded to the separation authority in support of 

the recommendation for discharge. 

c.  Consult legal counsel.  Military legal counsel will be detailed to assist you. 

d.  Request a hearing before an administrative discharge board. 

e.  Present written statements in addition to, or in lieu of, the board proceedings. 

f.  Be represented before the board by Area Defense Counsel assigned to the installation or by 
military counsel of your choice, if the counsel of choice is reasonably available, but not by both. 
The availability of counsel of choice will be determined according to AFI 5 1-201, Military 
Justice Guide. 

g.  Be represented before the board by civilian counsel.  Civilian counsel may be employed 

only at your own expense. 

h.  Waive any of the above rights.  Your failure to respond, after being given a reasonable 

opportunity to consult counsel, constitutes a waiver of all rights listed above except the first two. 
You must consult legal counsel before making a decision to waive any of your rights. 

5.  You have been scheduled for medical examinations.  You must report to the 3rd Aerospace 
Medicine Squadron, Bldg 5595 at  6780  on  18 A u  44 with your medical 
records.  You are to refrain from alcohol for 72 hours, and ref?& 
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. 

6.  Military legal counsel has been obtained to assist you.  An appointment has been scheduled 

if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 5 1-201.  In addition to military counsel, you have the right to 
employ civilian counsel.  The Air Force does not pay expenses incident to the employment of 
civilian counsel.  Civilian counsel, if employed, must be readily available. 

7,  Confer with your counsel and reply in writing, within 7 duty days, specifying the rights, if 
any, you choose to exercise.  This statement must be signed in the presence of your counsel who 
will also sign it.  If you waive your right to a hearing before an administrative discharge board, 
you may submit written statements in your own behalf.  I will send the statements to the 
discharge authority with the case file to be considered with this recommendation. If you fail to 
respond, your failure will constitute a waiver of the right to the board hearing. 

8.  You have been 
the Family Support 
for a TMO Household 
(People Center), Rm 247 at  0 

must report to Bldg 8517 

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

10. If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

1 1.  Execute the attached Receipt of Notification Memorandum and return it to me immediately. 

.------------------------------------------------. 

/' 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

Commander 

Attachments: 
1.  3 EMSICC Memo, 4 Aug 99 
2.  Article 15,3 Aug 99