AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

AB	Pl

•llll11•.t

J	NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE  INITIAL)

GRADE

AFSN/SSAN

TYPE GEN

1

I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

Yl:S	No
x

·.·,•···      NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER  SITTING	HON	GEN

UOTHC

OTHER

------------------------------------------ ''	x
x
x
x
'' .	x

t:udiF:st1nMttrl!:u:m1m·ffl'lM"R

-"•"""""" """ """ """"· --· """ """ ""- --------------+- ---'--	,.-'-,.....,---.,-,.."'""".,.,-,CT7",.,.,,.,.	I
SSUES	A94.05	INDEX NUMBER	A61.00	.. .
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 PERSONAL APPEARANCE

HEARING DATE

08 Jun 2004

CASE NUMBER

Case heard at Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR

---------------------------------------------------------------------------------------------------------------       ·----------

'	:
--------------------------------------------------------------, --------------------------------- :
--------------

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150·4742

FROM:

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS 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-2004-00029	

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for failure to obey a lawful order to take the Anthrax vaccination. 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	

Jf