AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL}

GRADE AFSN/SSAN

AIC

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

    

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Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

 

INDEX NUMBER

 

A94.05 A49.00
HEARING DATE CASE NUMBER
7 JAN 03 FD2002-0334

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

 

 

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APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

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TAPE RECORDING OF PERSONAL APPERANCE HEARING

AIR FORCE DISCHARGE'RE VIEW BOARD DECISIONAL-RATIONALE.

el

 

 

 

 

   

 

 

SIGNATURE OF BOARD PRESIDENT

 
 
 

INDORSEMENT

DATE: 7 JAN 03

   

 

 

 

 

 

TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0334

GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge, and to change the
RE Code.

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

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

FINDINGS: Change in Reason and Authority for Discharge along with a change in the RE Code is denied.

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 feels like the separation and reentry code should be changed. 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, or to change the RE Code. The records indicated the applicant received
an Article 15 for failure to go and 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 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
change in reason and authority for discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0334

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD
MISSING MEDICAL RECORDS

ys ata (Former A1C) (HGH A1C)

1, MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 12 JUL 02 UP AFI 36-
3208, para 5.26.3 (Unsatisfactory Performance - Failure to Progress in On-The-Job
Training). Appeals for a Change in Reason and Authority for Discharge and RE

Code.
2. BACKGROUND:

a. DOB: 22 JUL 81. Enlmt Age: 17 4/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFQT: N/A. A-58, E-64, G-66, M-52. PAFSC: 4N131 ~- Surgical Services
Apprentice. DAS: 01 Nov 99.

b. Prior Sv: (1) AFRes 19 DEC 98 - 14 SEP 99 (8 months 26 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as Amn 15 SEP 99 for 4 yrs. Svd: 02 Yrs 09 Mos 28 Das, all AMS.

b. Grade Status: A1C - 15 JUL 00

c. Time Lost: None.

d. Art 15’s: (1) 03 Dec 01, Sheppard AFB, TX - Article 86. You did, on
er about 24 Oct 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Suspended reduction to Amn, 18 days correctional

custody, and a reprimand. (No appeal) (No mitigation)

e. Additional: EOC, 16 NOV 01 - Failed CDC end of course exam.
BOC, 06 SEP 01 - Failed CDC end of course exam.

£. CM: None.

gq. Record of SV: 15 Sep 99 - 14 May 01 Sheppard AFB 3 (Initial)
(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR, AFOUA, NDSM.

i. Stmt of Sv: TMS: (03) Yrs (06) Mos (24) Das
TAMS: (02) Yrs (09) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 22 Jul 02.
(Change RE Code and Reason and Authority for Discharge)
FD2002-0334

ISSUE: Feel the separation and reentry code should of changed.

ATCH
1. DD Form 214.

18NOV0O2/ia
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

14 June 2002
MEMORANDUM FOR 82 TRW/CC

 

FROM: 82 TRW/JA

SUBJECT: Legal Review, Recommendation for Discharge — qe@uuAMaiainhingen
inthe

1. We reviewed this discharge case file and find it legally sufficient to support discharge in
accordance with the provisions of AFI 36-3208. Based upon our review, we conclude that the
incidents documented within this file sufficiently support SQUARE, discharge from the
Air Force. We concur with the 82 MDOS/CC. that Ribas should-be: discharged-with.an_,

honorable discharge i in accordance with AFI 36-3208, paragraph 5.26.3 (failure to progress i in on-the-

rare en ee ov mde my ei

job training), without further ‘opportunities for probation and rehabilitation.”

 

2. Basis for Action. On 11 Jun 02, the 82 MDOS/CC notified agggeaiaaalig? that he was
recommending that gain be discharged from the service due to his failure to progress in on-
the-job training.

3. Evidence for the Commander. The preponderance of the evidence in the case file supports the
squadron commander’s recommendation. (See Notification Letter at Tab 1.)

4. Additional Information. The respondent is 20 years old, began his present enlistment on
15 Sep 99, and was assigned to his unit on I Nov 99. He has consulted counsel and has waived his
right to submit statements for your consideration.

5. In accordance with AFI 36-3208, your options are to:

a. Direct SERRE BB «tention;

b. Direct that he be discharged with an honorable discharge; or
c. Suspend the honorable discharge and recommend Probation and Rehabilitation.

6. If you have any questions regarding this matter, please contact me at ext 6-2113.

  

‘i : mee Colonel, USAF
Staff Judge Advocate

 

Attachment:
Case File -

This communication is privileged as attorney work product and/or attorney-client communication or
is protected by another privilege recognized under the law. Do not distribute, forward, or release
without the prior approval of the sender or 82 TRW/AJA,

ee
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

JUN 11 2002

MEMORANDUM FOR saan aiamENIEES 2 DOS

FROM: 82 MDOS/CC
SUBJECT: Notification Memorandum

1, Tam recommending your discharge from the United States Air Force for unsatisfactory duty
performance. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph(s) 5.26.3.
If my recommendation is approved, your service will be characterized as honorable or under
honorable conditions (general). I am recommending that your service be characterized as
honorable.

2. My reasons for this action is you failed to progress in on-the-job training, specifically:

a, You did, on or about 6 Sep 01, fail your Career Development Course (CDC) end-of course
(EOC) exam with a score of 54%. Minimum passing score is 65%.

b. You did, on or about 16 Nov 01, fail your CDC EOC exam for the second time with a
score of 64%.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or 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 will probably be denied enlistment in any component of the
armed forces. Any special pay, bonus, or education assistance funds may be subject to

recoupment.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult Sie. at building 1638 on

(enOQ at_I1L3OQ . You may consult civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by _/ Y¥ TwZ2 /oe%punless you request and
receive an extension for good cause shown. | will send them to the separation authority.

5. 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.

6. You have been scheduled for a medical examination. You must report to the 82d Medical

Group, Bldg 1200, Physical Examinations, at I. 3CD on AbLhinJ&.
PR 260R- 033%

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 Commander’s Support Staff Office.

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

    

Commander

Attachments:

. 82 MDOS/CC Memo, 26 Apr 02

. E-mail, SSgt Dale, 22 May 02

82 MDOS/CC Memo, 17 Dec 01

CDC Report of Course Exam, 19 Nov 01
82 MDOS/SGOSB Memo, 19 Oct 01
CDC Report of Course Exam, 10 Sep 01
AF Form 623a, 29 Jun 00 to 24 Apr 02
Student Training Report, 00003
Airman’s Receipt of Notification Memo

CRN AARWNS