AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRDE

AFSN/SSAN

TYPE GEN

I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZA TJON

ADDRESS AND OR ORGANIZATION  OF COUNSEL

..•.•.·. .  VOTE OF THE BOARil   .··. ·•

MEMBER  SITTING	HON	GEN	UOTHC

-----------------------------------------

OTHER	DENY
x x x x
x

ISSUES

A95.00 AOl.00

INDEX NUMBER

A67.10

EXHIBITS SUBMITfEDTO THE BOARD .
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSON AL APPEARANCE

HEARING DATE	CASE NUMBER

11 Mar 2004	FD-2003-00561

Case heard at Washington, D.C.

....	.·	,

Advise applicant of the decision of the Board, the right to a persona l appearance with/without counsel, and the right to
I
submit an application to the AJ:\BCMR
!

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=  -   - DATE:: 3/1_112004

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'JO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETAR\' OF THE AIR FORCE PERSONNEL COUNCIL
AIR  FORCE DISCHARGE  REVIE\\'  BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-i002

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00561	

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.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received an Article 15 and
one Letter of Reprimand for misconduct.  The misconduct included failure to obey a lawful order by refusing anthrax vaccinations.  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 substaqtive requirements of the discharge regulation and was within the discretion of the discharge authority andj 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