AIR FORCE DISCHARGE REV IEW BOARD HEARING RECORD
NAME OF SERVICE Ml:MBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB

AFSN/SSAN

TYPE GEN

I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

,	c·oUN.. SE__I,----< NAM!: OF COUNSEL AND OR ORGANIZATION
n:s	No
x

ADDRESS AND OR ORGANIZA 110N OF COUNSEL

MEMBER SITTING

HON

GEN

••••••	.•11·->
UOTHC	OTHER

DFNY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.90

..      ···················	EXlllQtliiti.tyi:i'ii'rED TQ·T.i..BOA'RlJ•· .···.•    11;\;,:iiui.:+
1	OR DER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	f ,ETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX! IIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE

1•• ,, • •1•..

HEARING DATE	CASE NUMBER

15 Feb 2006	FD-2005-00270

TlillDOAM•:. . : :.....................    · .;;<.f•l I<JNAL

Case heard at Washington, D.C.

··· ··············

Ad vise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an appl ication to the AFBCMR

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

I	/l
SIGNATUJµ) OF RECORl)ER	/']  '-        #	/	IStG:tjf\TtlRE OJ BOA!ID P	DENY, b

·   ·	··

. .. lil!l,Q.(),RSEMENT	DATE:  2/22/21116
"..-.......:u.1.••••.rnnmmimrn1rn11 .------	·	""iio;i, -- - -.... ... ··· --	- ""''' "· -·---·····.. ·······"·······-
SAF/MRBR	S.,;CRETARY OF Tiff AIR rnRCE PERSONNEL COUNCIL

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AIR FORCE DISCHARGE Rf-VIEW HOARD
550   STREET WEST, SUITE 40	1535 COMMAND OR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	I	ANDRl;WS AFB, MD 20762·7002

AFHQ FORM 0-2077, JA N 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2005-00270	

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.

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:

Issue 1. Applicant contends discharge was inequitable because he failed to obey a direct order to take Anthrax Vaccination.  At the time it was mandatory and he contends the policy has changed and members are no longer required to take vaccination.  The records indicated the applicant received two Articles 15s for willfully disobeying a lawful order 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 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