[_·	-AIR FOR_C_E_D_I_sc__H_A_R_G_E_R_E_V_I_E'_W B_O_A_RD _H_E_ARI_NG R_E_c_o_RD	i

NAME  OF SERVICE  MEMBER  (LAST, FIRST MIDDLE  I NITIAL)	GRADE

AFSN/SSAN

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TYPE   GEN	I	PERSONAL APPEARANCE

AB	unrt •	IJ
x	I	RECORD REVIEW

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YES	No
x

_, NAME OF COUNSEL AND OR ORGANIMTION

ADDRESS AND OR ORGANIU TION OF COUNSEL

MEMBER SITTING
-'    ---------------------------------

'

'
'

-!'
'
'

'

'
_;
'

x

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GEN	UOTHC

OTHER

DENY

x x x
x

''
' --------------------------------- '·

ISSUES

A92.35 A92.0l A94.05

INDEX NUMBER

A67. 10

l;iy1!F1·!;;!/    EXJ1.!»l'f	M1rtt;B:lP'I'!IJ!: »t>AlW jfo:zi!,i's : ·
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 SUBM ITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

21 May 2004	FD-2004-00123
APPLICmrSIS ANil THE. BOARJYS DECISIONAL RATIONAL ARE.DISCUSSED ON THJ;.ATTACHEDNR F!'.JRCE DISC%Jl.GE.REYJEW BO pSION RA"flONALE	·}L	) .. )	. \

Case heard at Washington, D.C.

Advise applicant 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

5·- - ---- - - - - - - - - - - fL _ _ _ _ _ _ _ _ ....::>,. _ _ _ ....-:":1_,,..._ _ _ _ _ _ J..'). _ _ _ _ p_ _ _ _ _ _ _ _   _ U?_ _ _f'_ _ _ (__ _ _ _ _ _ .._ _ _ _ _ _ .  -------
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INDORSEMENT	i0'	&•1  " DATEt 5/:?i/29(1.j'•	'.;'.,	. . . ;;i

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 REVIE\V BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00123	

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
1•  exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:	Upgrade of Discharge and change of reason  and authority for discharge, and change of reenlistment code are 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:

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, and one Memorandum for Record for misconduct. The misconduct included failure to obey a lawful written order by refusing to take the anthrax vaccination on two separate occasions. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the willful 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