AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM!<: OF SERVICE MEMBER (LAST, FI RST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE	I	PERSONAL  APPEARANCE	x	I

RECORD REVIEW

COUNSEL
YES	I	No
I	x

NAME m·COUNSEL AND OR ORGANIZATION	AllllRESS ANll OR OI<GANIZATION OF COllNSF.I.

VOTE OF THE BOARD

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MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY
x x x x
x

A94.05

INDEX NUMBER

A67.I O

EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	8RIEF OF PERSONNEL FILE
COU NSEL'S RELEASE TO THE 80ARD ADDITIONAL EXH IBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDI NG OF PERSONAL APPEARA NCE HE

HEARING DATE	CASF. NIIMHl:1<

10 May 2007	FD-2006-00397
APPUCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSHJ ON THE ATTACHbD AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in 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

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

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INDORSEMENT

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

SF.CRF:TARY OF THE AIR H1KC>: P>'.RSONNl:I. COi.iNCH. AIR  t'ORO: lllSCHARGE   REVIEW  BOARD
1333 COMMAND DR, EE WING, 3RD 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-2006-00397	

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 that  neither  the  evidence  of record  nor that  provided  by  the  applicant  substantiates  an inequity or impropriety that woul d justify a change of discharge.

ISSU E:

The applicant contends discharge was inequitable on the basis of U.S. District Court Judge Emmet Sullivan's ruling on 22 December 2003 stating that the shot be voluntary.  The record indicates that the applicant received a General discharge for Misconduct--Mi nor Discipl inary Infractions.  The misconduct included an Article 15 for disobeying a lawful order to report to Mi l itary Public Health and receive an anthrax vacci nation and a memorand um indicating a second refusal to obey a lawful order to receive the anthrax vaccination.  At the time the 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 commander. The Board concluded that 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 substanti ve requirements of the discharge  regulation and was withi n the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findi ngs, 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