AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
.--------------- .

A M N

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TYPE GEN

I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

 		eovN_sEL_-1 NAMI\ OF COUNSEL AND OR ORGANIZATION YES		No
x

ADDRESS AND OR ORGANIZATION o · COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY
x

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'

ISSUES	A94.05

I INDEX NUMBER

A67.90

x x x
x
EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW or DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL PILE COUNSEL'S RELEASE TO THE BOARD
3	
ADDITIONAL EXl-llI31TS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBEI<

07 Mar 2006	FD-2005-00425
Al'PLlCANT"S ISSUE AND THE BOARD'S DECISIONA!f RATJONAL	PISCUSSED ON TRE ATTACHED AIR FORCE DISCHARGE   lin!f:iPARD OECISIONAf, RATIONALE
Case heard at Wash ington, 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 appl ication to the AFBCMR

Names and votes will be made available to the applicant at the appl icant's request.

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SAF/MR RR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THI: AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGV. REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDI<EWS AFB, Mil 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-2005-00425	

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.  The applicant was discharged with a general discharge for pattern of misconduct - conduct prejudicial to good order and discipline.  The applicant received one Letter of Reprimand for being derelict in his duties for failure to follow procedures, which resulted in a traffic accident with a POV and failure to
report. Applicant received two Article 15's for disobeying a lawful order on two separate occasions refusing to take the Anthrax vaccination. The applicant contends discharge was inequitable because "now...the shot is optional.. .If it were the same then I would have had a different career in the Air Force." At the time applicant served in the Air Force, the Anthrax vaccination was mandatory, and thus the applicant was required to comply with the lawful order directed by his superior commissioned officer. The DRB opined that through the 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