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PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

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ADDRESS AND OR GRGANIZATION OF COUNSEL

 

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ISSUES INDEX NUMBER Ky
A94,53, A92.35 A49,00 1 | ORDER APPOINTING THE BOARD
| it
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
[ HEARING DATE CASENUMBER “\4 | BRIEF OF PERSONNEL FILE “|
02-08-23 FD2002-0156 COUNSEL'S RELEASE TO THE BOARD ~
\" ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
| =

 

 

 

1 TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 
 

 
 

 

 

Y REMARKS

Case heard at Washington, D.C.

submit an application te the AFBCMR.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

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

.

AFHQ FORM 0-2077, JAN 00

 

(EF-V2)

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3®° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |} pp2992-9136

GENERAL: The applicant appeals to change the reason and authority for the discharge and to change his
reenlistment code.

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

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

FINDINGS: Change of reason and authority for the discharge, and the reenlistment code, are denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
inequity or impropriety that would justify a change of the discharge.

Issue. Applicant received an honorable discharge based on unsatisfactory performance after twice failing
his technical training school class in Electronic Principles and having been washed back in technical
training once. The Board noted that applicant failed his tests with scores of 60 and 40 and was counseled
on what was expected of him during training. Furthermore, his academic training records indicate he was
recommended to attend anger management class and attended Alcohol and Drub Abuse Program Training
(ADAPT). He was described as a not motivated to stay in the Air Force and not compatible with military
life. He was furthermore not recommended for retention or retraining. Applicant notes now that he also
had a Letter of Reprimand and Unfavorable Information File for an underage-drinking incident. The Board
noted these were not used as a basis for the discharge action, nor were they referred to anywhere in the
discharge file. Applicant infers his difficulties were of an isolated nature. Nevertheless, the Board did not
find sufficient mitigation to warrant a change in his discharge, The Board notes that AFI 36-3208,
Administrative Separation of Airmen, provides for an honorable discharge for unsatisfactory performance
based on failure to progress in on-the-job training; member met this criteria. In the course of the records
review, the Board could find no inequity or impropriety in the processing of applicant’s discharge.

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 to
change the reason for the discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0136
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 01/09/28 UP AFI 36-3208,
para 5.26 (Unsatisfactory Performance). Appeals for a Change in Reason for
Discharge and to Change the RE Code. Disch.

2. BACKGROUND:

a. DOB: 83/10/31. Enlmt Age: 17 1/12. Disch Age: 17 10/12. Eduec:HS DIPL.
AFOT: N/A. A-63, E-50, G-48, “M-38. PAFSC: 2M013 - Mission Space Facilities
Helper. DAS: 01/04/02.

b. Prior Sv: (1) AFRes 00/12/27 - 01/02/12 (01 month 12 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 01/02/13 for 4 yrs. Svd: 00 Yrs 07 Mo 16 Das, all AMS.

b. Grade Status: Al1C - 01/03/30

c. Time Lost: none.

d. Art 15's: none.

e. Additional: AETC 173, 13 AUG 01 - Failure of CDC block 7.
AETC 173, 17 AUG 01 - Failure of CDC block 7.

£. CM: none.
g. Record of SV: none.

(Discharged from Lackland AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (00) Yrs (09) Mos (02) Das
TAMS: (00) Yrs (07) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/08.
(Change Discharge to Reason & Authority for Discharge & RE Code)

Issue 1: Hello, my name is ------- . I am wanting to change the reentry
code and Narrative Reason for separation to Satisfactory Performance. I was
caught drinking underage and got.in trouble and severely sick and I was
hospitalized. I know I made a mistake and I got a U:I.F. and L.O.R. I regret
that drink and I wish I never did it. If I could go back to that day I would
FD2002-0136

change it and straighten up my living area. I also realize that I hung out with
the wrong crowd but I blame no one but myself for my actions, and I also regret
meeting them people. I was a chapel rope and I should of known better. I would
like for you to know that I have changed since then and nothing like that will

happen again.

ATCH
1. Letter to Discharge Review Board.
2. DD Form 214.

02/07/10/ia
PRO 2E0OR~ OF BCs

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

20 SEP 200}

MEMORANDUM FOR 37 TRG/CC
FROM: 37 TRW/JAM

SUBJECT: Legal Review

f Administrative Discharge Under AFPD 36-32 and AFI 36-3208,
PO

   

1. Subject case file has been reviewed and found to be legally sufficient to support separation,
subject to inclusion in the file of a report of medical examination showing respondent to be
physically qualified for worldwide duty,

RECOMMENDATION

2. J recommend that respondent be separated from the servicg@ity

 
 
   

Assistant Advocate

Attachment:
Case File

Attorney Work Product
This is privileged document. It will not be released in whole nor in part
without the approval of the Staff Judge Advocate
FD Rez OO [3
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

14 Sepol

ie 344 TRS

 

MEMORANDUM For 41; iii
FROM: 344 TRS/DOM

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Unsatisfactory
Performance. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.26. If
my recommendation is approved, your discharge will be described as an Honorable Discharge
and you will be ineligible for reenlistment in the Air Force.

2, My reasons for this action are:

a. On or about 13 Aug 01, you failed block 7 of the Electronic Principles Course with a score
of 40% which is below Air Force standards. This counseling was recorded on AETC

Form 173 dated 13 Aug 01.

b. On or about 17 Aug 01, you failed block 7 of the Electronic Principles Course with a score
of 60% which is below Air Force standards. This counseling was recorded on AETC

Form 173 dated 17 Aug OT.

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 your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may

be subject to recoupment.

4, You have the right to consult counsel. Military legal counsel can be obtained to assist you. I
have made an rppointnent for you to consult the Area Defense Counsel (ADC) at Bldg 1000

pA ma] be . You may consult civilian counsel at your own

expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by (allow 3 workdays) unless
you request and receive an extension for good cause shown. I will send t em to the separation

authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
PY28O2— 0 / BS

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Orderly Room, Bldg 156.

8. You have been scheduled for a medical examination. You must report to Bldg 6612, Room
502, Monday - Friday between the hours of 1300 - 1500 with your medical, immunization, and
dental records for the examination. ,

9. Execute the attached acknowledgment and return it to me immediately.

     

Commander, Military Training Flight

Attachment(s):
1, AETC Form 173 dated 31 Aug 01
2. AETC Form 173 dated 17 Aug 01