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AF | DRB | CY2002 | FD2002-0027
Original file (FD2002-0027.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD62-0027 

GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge. 

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

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The attached bridmnt8ns the available pertinent data on the applicant and the factors IeGdiEto the 
discharge. 

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FINDINGS: Change in Reason and Authority for Discharge is denied. 

I 

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_. 

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety, which would justify a change of discharge. 

ISSUE:  Applicant wants his DD Form 214 changed to whatever it needs to be in order for him to receive 
the MGIB.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this 
case on which to base a change in reason and authority for discharge.  The records indicated the applicant 
failed his  CDC  Course exam twice  and was  honorable discharged.  Airmen  are subject to discharge for 
unsatisfactory performance based on documented failure to meet Air Force standards. Failure to progress in 
on-the-job training  is  one  example of  how  an  airman  may  fail  to  meet  standards,  and  failing twice to 
achieve a passing  mark  on the CDC exam constitutes failure to progress.  The Board concluded that the 
characterization, reason and authority of the applicant's discharge were appropriate due to the CDC failures. 

CONCLUSIONS:  The Discharge Review Board conciudes 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 hll administrative due process. 

In view of the foregoing findings the board krther concludes that there exists no legal or equitable basis for 
change in reason and authority for discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

FD2 0 02 - 0 0 27 

(Former A1C)  (HGH A1C) 

- 

-l.*  MATTER  UNDErR&XEW: 
para 5.26.3  (Unsatisfactory Performance).  Appeals for a Change in Rgason and 
-Authority for Dish. - 

Appl rec'd  a HON Disch fr USAF 01/04/13 v"P G I  36-3208, 

_. 

2 .   BACKGROUND: 

a. DOB: 79-02-22.  Enlmt Age: 19 3/13.  Disch Age: 22 1/12. Educ:HS DIPL. 

AFQT: N/A.  A-40,  E-42,  G-36,  M-51. PAFSC: 2A333A - Tactical Aircraft 
Maintenance Apprentice. DAS: 99/06/07. 

b.  Prior Sv: (1) AFRes 98/05/28 -  98/09/27  (4 months) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  98/09/28 for 4 yrs. Svd: 02 Yrs 06 Mo 16 Das, all AMs. 
b.  Grade Status:  A1C -  00/01/28 
AMN  -  99/03/28 

c.  Time Lost:  none. 

(1) none. 

d.  Art 1 5 ' s :  
e.  Additional: 09 MAR  00 - CDC Course Exam failure. 
09 JUN  00 -  CDC Course Exam failure. 

f.  CM:  none. 

g.  Record of SV: 98/09/28 -  00/05/27  Eglin AFB  4  (Initial) 

(Discharged from Eglin AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS: (02) Yrs  (10) Mos  (16) Das 
TANS:  (02) Yrs  (06) Mos  (16) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 02/01/10. 

(Change Discharge to Reason and Authority for Discharge.) 

Issue 1:  All I would like is what ever needs to be changed on my DD Form 

214 to help me receive MGI Bill money to help me in school. 

ATCH 
1. DD Form 214. 
2. AF Form 100. 
3 .   Commander's  Summary Sheet. 

" 2 .  

FD2002-0016 

I 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR ARMAMENT CENTER (AFMC) 

EGLIN AIR FORCE BASE, FLORIDA 

MEMORANDUM FOR 96 ABW/CC 

FROM:  AAC/JA 

,  2. 

- -   i 

SUBJECT: 

I Review, AlC 
3 MXS (ACC) 

APR  0 9 2001 

- 

- 6  

_. 

SUFFICIENCY: I have reviewed the attached discharge package of 
pondent) and find it to be legally sufficient to support an administrative 

- 
unsatisfactory performance (failure to progress in on-the-job training) under AFI 36-3208, chapter 5, 
section E, paragraph 5.26.3. 

2.  INITIATION OF ACTION:  On 2 Apr 01 
respondent of his intention to recommend that the respondent be discharged from the United States 
Air Force for unsatisfactory performance (failure to progress in on-the-job training).  The 
commander recommended an honorable discharge without probation and rehabilitation (P&R).  The 
respondent is not entitled to an administrative discharge board. 

33 MXS/CC, notified 

3.  EVIDENCE CONSIDERED FOR THE GOVERNMENT: 

Unsatisfactory Performance (Failure to Promess in On-The-Job Training).  On or about 

9 Mar 00, respondent failed to make a satisfactory score of 65 percent on his Career 
Development Course (CDC) examination.  He received a score of 60 percent.  On or about 
8 Jun 00, respondent failed to make a satisfactory score of 65 percent on his Career Development 
Course (CDC) examination.  He received a score of 52 percent.  Copies of the supporting 
documents are attached to the notification memorandum (Tab 1). 

4.  EVIDENCE CONSIDERED FOR THE RESPONDENT: After being advised of his rights 
to counsel and to submit statements (Tab 2), the respondent consulted counsel and waived his 
right to submit a statement for your consideration (Tab 3). 

5.  DISCUSSION: 

a.  Separation Criteria and Characterization of Discharge:  As stated above, this file is 
legally sufficient to support an administrative discharge action under AFPD 36-22 and AFI 36- 
3208, chapter 5, section E, paragraph 5.26.3.  Pursuant to paragraph 5.26, “Airmen are subject to 
discharge for unsatisfactory performance based on documented failure to meet Air Force 
standards.”  Failure to progress in on-the-job training is one example of how an airman may fail 
to meet standards, and failing twice to achieve a passing mark on the Career Development 
Course (CDC) Examination constitutes failure to progress under paragraph 5.26.3.  Discharge for 
this type of failure can be characterized as either honorable or general.  An honorable discharge 

G1 obal Power  F o r  America 

. 

would be appropriate when the quality of the airman’s service generally has met Air Force 
standards of acceptable conduct and duty performance or the member’s service has been so 
meritorious that any other characterization would be clearly inappropriate.  A general discharge is 
warranted when an airman’s service has been honest and faithful, but significant negative aspects 
of the airman’s performance of duty outweigh positive aspects of the airman’s military record. 

b.  Characterization of Respondent’s Service:  I concur with M 
recommendation &at the respondent receive an honorable discharge. 
discharged for Failure to Progress in On-the-Job Training will receive an honorable diseharge 
unless there is wme evidence 
is 
no evidence to suggest that A1 
recommend that the respondent receive an honorable discharge. 

pondent failed the examinations on purpose.%ere 
ntentionally failed these examinations.  Therefore, I 

a i m  being 

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c.  Probation & Rehabilitation (P&R):  Due to the basis for this discharge action, the 
respondent is eligible for P&R under AFI 36-3208, Chapter 7.  P&R is limited to deserving 
cases, including those where the airman has demonstrated a potential to serve satisfactorily, has 
the capacity to be rehabilitated for continued military service or for completion of the current 
enlistment, or whose retention on active duty in a probationary status is consistent with the 
maintenance of good order and discipline in the Air Force.  Past effo 
passing his CDCs, were unsuccessful.  For example, the unit gave A 1 C 
study with thirty minutes of daily review. 
pass his examination. Nevertheless, A 1 C 
Course (CDC) examination.  Consequent1 

unsuccessful on the Career Development 

not recommended in this case. 

6.  OPTIONS: As the Special Court-Martial Convening Authority in this case, you have the 
following options: 

a.  Disapprove the discharge action and retain the respondent; 

b.  Approve the discharge action and separate the respondent with a general discharge, with 

or without P&R; or 

c.  Approve the discharge action and separate the respondent with an honorable discharge, 

with or without P&R. 

7.  RECOMMENDATION: For the reasons stated above, I recommend the respondent be 
discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, 
section E, paragraph 5.26.3, with an honorable discharge, without P&R. 

Assistant Chief, Military Justice 

I have reviewed the attached discharge package and the foregoing recommendation. I concur in the 
recommendation. 

a. 

Attachment: 
Case File 

Deputy &iff  Judge Advocate 

./ 

1 

MEMORANDUM FOR A1C 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS  33D FIGHTER WING (ACC) 

ECLlN AIR  FORCE BASE,  FLORIDA 

I 

1 

2 A W  I 

33 MXS (ACC) 

- 

4 - 
- 

on Memorandum 

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1.  I am recommending your discharge from the United States Air Force for unsatisfactory 
performance (failure to progress in on-the-job training).  The authority for this action is-AFPD 
36-32 and AFI 36-3208, chapter 5, section E, paragraph 5.26.3. If my recommendation is 
approved, your service will be characterized as honorable or general.  I am recommending that 
your service be characterized as honorable. 

_. 

2.  My reasons for this action are: 

a.  On or about 9 Mar 00, you failed to make a satisfactory score of 65 percent on your Career 

Development Course (CDC) examination.  You received a score of 60 percent. 

b.  On or about 8 Jun 00, you failed to make a satisfactory score of 65 percent on your Career 

Development Course (CDC) examination.  You received a score of 52 percent. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how yohr service will be characterized. If you are discharged, you will be ineligible 
for reenlistment in the Air Force.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4. You have the right to consult counsel.  Military 1 
I have made an appointment for you to consult Cap 
41 85, on 04 Apr 01 at 0900 hours.  You may consult civilian counsel at your own expense. 

een obtained to assist you. 
building 45 1, ext. 882- 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You will complete a medical examination at the 96th Medical Group on 05 Apr 01 at 0715 
hours. 

$&aCTower  For America 

/ 

,./ 
;i 

8.  You are required to receive a briefing from the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 10 Apr 01, at 0830 hours. 

9.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 03 Apr 01 at 1300 hours. 

* -yc I -  

- 

IO.  Immediately%€ter completion of your 96* Mission Support Squadron separationetion 
briefing report to the 96'h Traffic Management Office with your completed AFDTC Forh 4 134 
or LGTT OfficeTorm B 133.  If you have a TMO pickup it must be before 1 2  Apr OK 
1 1.  Any personal information you furnish in rebuttal is covered by the Privacy Act of-1 974.  A 
copy of AFI 36-3208 is available for your use in your unit orderly room. 

Commander, 33 MXS 

, USAF 

Attachments: 
1.  Supporting Documents 
1 a.  Report of Course Examination, dated 9 Mar 00 
1 b.  Report of Course Examination, dated 8 Jun 00 
IC. AF Form 623a, w/atchs 
2.  Airman's Acknowledgment 



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