RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04932

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His rank be corrected to reflect staff sergeant (SSgt, E-5), instead of airman basic (AB, E-1).

APPLICANT CONTENDS THAT:

The Air Force Discharge Review Board (AFDRB) upgraded his discharge to an honorable and reestablished his pay grade.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 Mar 88.

According to Special Order P-004, dated 1 Jan 96, the applicant was promoted to the grade of SSgt, with a date of rank of 1 Jan 96.

On 8 Nov 99, the applicant received an Article 15 for failing to obey a lawful order (declining the anthrax vaccine), in violation of Article 92 of the Uniform Code of Military Justice (UCMJ).  As a result, his punishment consisted of reduction to the grade of senior airman (SrA, E-4), with a new date of rank of 8 Nov 99.

On 19 Nov 99, the applicant received an Article 15 for failing to obey a lawful order (declining the anthrax vaccine), in violation of Article 92 of the UCMJ.  As a result, his punishment consisted of reduction to the grade of AB, with a new date of rank of 19 Nov 99.

On 3 Dec 99, the applicant’s commander notified him that he was recommending he be discharged from the Air Force for misconduct, specifically, minor disciplinary infractions.  The specific reason for this action was on two occasions he refused to receive the anthrax vaccination.

On 24 Jan 00, the applicant received a general (under honorable conditions) discharge, and was credited with 11 years, 10 months, and 21 days of total active service.

On 12 Aug 15, the Air Force Discharge Review Board (AFDRB) approved the applicant’s request to upgrade his general (under honorable conditions) discharge to an honorable discharge, indicating the discharge was consistent with procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  However, the overall quality of the applicant’s service is more accurately reflected by an honorable discharge.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The decision of the AFDRB was to upgrade the applicant’s characterization of discharge, not set aside the Articles 15 reductions in rank (of which they have no authority).

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Jun 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04932 in Executive Session on 9 Mar 17 under the provisions of AFI 36-2603:

					   , Panel Chair
					  , Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 Jun 16.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.