'
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
7 Alc
TYPE _
GEN PERSONAL APPEARANCE _|_X RECORDREVIEW _ |
COUNSEL ] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD |
MEMBERS SITTING HON GEN UOTHC OTHER DENY
x
|
[x
~f— TX |
D4
X
ISSUES INDEX NUMBER : EXHIBITS SUBMITTED TO THE ROARD :
A92.01, A92,15 A49.00 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE “|
7 |
3. | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
OS-Ole23 FD2002-0346 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
| |” | TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE. DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
REMARKS
Case heard at Washington, D.C.
Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

   
  

 

 

  
   

SIGNATURE OF RECORDER _ J a a A Y'SIGNATURE OF BOARD PRESIDENT
J rs

47 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 |

  

“DATE: 03-01-24

 

 

 

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 |p 092-0346

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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: Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for unsatisfactory performance, namely failure to progress in on-the-job
training. He failed his Career Development Course End-of-Course examination on four occasions. After
his second failure, his chain of command requested a waiver in his behalf to allow him to remain in training
and have another opportunity to retest. His command also gave him time to study during the duty day,
enrolled him in the Study Skills Course, and administered the Air Force Reading Achievement Test to him.
Theses efforts disclosed no reading comprehension difficulties or learning deficiencies. Member’s Air
Force Qualifying Test scores would further indicate he had the ability to pass the examinations. At the time
of the discharge, it was recommended member’s service be characterized as under honorable conditions
(general) due to the assessment that his course failures were due to his apathetic attitude, intentional lack of
effort and his stated desire to separate due to having civilian employment awaiting him. Additionally,
applicant waived his right to consult counsel and to submit a statement in his own behalf at the time of the
discharge processing. The Discharge Review Board (DRB) noted that member was given numerous
opportunities to improve his performance and make satisfactory progress, but failed to do so. No inequity
or impropriety was found in this discharge in the course of the records review.

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
¥FD2002-0346
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aE (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 30 JAN 02 UP AFI 36-

3208, para 5.26.3 (Unsatisfactory Performance - Failure to Progress in On-The-
Job-Training). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 27 Sep 78. Enlmt Age: 19 8/12. Disch Age: 23 4/12. Educ: HS DIPL.
AFOT: N/A. A-67, E-76, G-70, M-84. PAFSC: 2W131 - F-16 Aircraft Armament
Systems Apprentice. DAS: 13 May 99.

b. Prior Sv: (1) AFRes 18 Jun 98 - 19 Aug 98 (2 months 2 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 20 Aug 98 for 4 yrs. Svd: 3 Yrs 5 Mos 11 Das, all AMS.

b. Grade Status: AIC - 20 Dec 99
BMN - 20 Feb 99

c. Time Lost: None.
d. Art 15’s: None.

e. Additional: MFR, 13 DEC 01 - Inability to progress in required upgrade

training.

EOC, 25 OCT 01 - Failure to pass fourth Career Development
Course end-of-course examination.

Eoc, 18 APR O01 - Failure to pass third Career Development
Course end-of-course examination.

EOC, 12 JUL 00 - Failure to pass second Career Development
Course end-of-course examination.

EOC, APR 00 - Failure to pass first Career Development

Course end-of-course examination.

£f. CM: None.

g. Record of SV: 20 Aug 98 - 19 Apr 00 Shaw AFB 4 £(Initial)
20 Apr 00 - 19 Apr 01 Shaw AFB 4 = (Annual)

(Discharged from Shaw AFB)

h. Awards & Decs: AFTR, AFOUA W/1 DEV.

i. Stmt of Sv: TMS: (3) Yrs (7) Mos (13) Das
TAMS: (3) Yrs (5) Mos (11) Das
FD2002-0346

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Aug 02.
(Change Discharge to Honorable)

Issue 1: The reason my discharge should be changed is because I carried out
over 3 years of my 4 year inlistment (sic), I worked hard, and anyone in my
squadron would say the same. They fought on my side to try to keep me till my
enlistment was up on Aug 19, 2002 due to they knew how hard I worked, and they
knew when I did work, it was done right. When the decission (sic) was made to
discharge me, they made the decission (sic) solely on paperwork. They based
none of it on my performance out on the flight line. So due to that, if they
would have seen how I worked, then I believe I would have been able to finish
out my enlistment and recieved (sic) an honorable discharge. Thank you for you
(sic) time.

ATCH
None.

2Z0Nov02/ia
Fb.2004-°3Y6

sy

24

-. JEPARTMENT OF THE AIR: RCE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

MEMORANDUM FOR 20 FW/CC 7% JAN 2002

FROM: 20 FW/JA

 

SUBJECT: Legal Review of AFI 36-3208 Actio

1. Basis for Action: The Commander, 78" Fighter Squadron, has recommended that qian
alia: separated from the service with a general discharge for failure to progress in on-the-
job training (OJT), under the provisions of AFI 36-3208, chapter 5, section E, paragraph 5.26.3.

The Respondent is being processed according to the notification procedure.

2. Facts: The file reflects the following as reasons for discharge:

a. On or about 16 Mar 00, the Respondent failed to pass his first Career Development
Course (CDC) end-of-course (EOC) examination. The minimum passing score was 65. He
scored 46, as evidenced by a CDC failure evaluation, dated April 00.

b. On or about 16 May 00, the Respondent failed to pass his second CDC EOC
examination. The minimum passing score was 65. He scored 57, as evidenced by the
commander’s evaluation, dated 12 Jul 00. At this time, a CDC waiver was requested, and he was

allowed to retest.

c. On or about 6 Apr 01, the Respondent failed to pass his third CDC EOC examination.
The minimum passing score was 65. He scored 60, as evidenced by the commander’s
evaluation, dated 18 Apr 01.

d. On or about 16 Jun 01, the Respondent failed to pass his fourth CDC EOC
examination. The minimum passing score was 65. He scored 61, as evidenced by the
commander’s evaluation, dated 25 Oct 01. This failure resulted in the initiation of this discharge
package.

The documents listed above are attached at Tab 4.

3. In addition to the above reasons, the Respondent’s file also reflects a memorandum for record
(MFR), dated 13 Dec 01, that documents the Respondent’s apathetic attitude toward his CDC
failures and his desire to get out of the Air Force. This document also states that his failures are
a result of the Respondent not trying to succeed and not trying to pass these tests. This document
is attached at Tab 4a.

4. Respondent's Submission: The Respondent waived both his right to consult with counsel and
his right to submit matters for your consideration. His waiver is attached at Tab 7.

Global Power For America
Pp 2002~534¢6

5. Errors and Irregularities: This file contains no errors or irregularities.

6. Conclusions:

a. Pending receipt of the medical examination, this file is legally sufficient to support a
discharge, pursuant to AFI 36-3208, chapter 5, section E, paragraph 5.26.3.

b. The Respondent’s commander has recommended that he receive a general discharge. I
concur with this recommendation. According to the criteria set forth in AFI 36-3208, a general
discharge is appropriate when the negative aspects of a member’s service outweigh the positive.
In this case, the Respondent’s intentional lack of effort and lack of concern regarding his CDCs
demonstrates his unwillingness to adhere to expected Air Force standards of conduct. He has
been given every opportunity to succeed and to pass his CDCs. Additionally, his attitude sets a
bad example for younger members of the 78” Fighter Squadron. Therefore, a general discharge
iS appropriate.

c. The commander does not recommend Probation and Rehabilitation (P&R). I concur.
AFI 36-3208, paragraph 7.3 states that P&R should only be extended in those cases where an

airman has demonstrated potential to serve satisfactorily. The Respondent’s repeated CDC
failures indicate a lack of such potential. Therefore, he is not a suitable candidate for P&R.

7. Options: As the Special Court-Martial Convening Authority in this case, you may:
a. Retain the Respondent in the Air Force; or

b. Direct the Respondent be discharged with an honorable or a general discharge, with or
without P&R.

    

8. Recommendation: That you discharge the Respondent with a general dischargg
P&R. i

  

Attachment:

Case File ‘
m fp 2O0R-OSFC6
_ JEPARTMENT OF THE AIRE... 2CE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

4 SAV oa

   

MEMORANDUM FOR ATS
FROM: 78 FS/CC
SUBJECT: Notification Memorandum

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

2. My reasons for this action are:

a. On or about 16 Mar 00, you failed to pass your first Career Development Course (CDC)
end-of-course examination, The minimum passing score was 65. You scored 46, as evidenced by a CDC
failure evaluation, dated April 00.

b. On or about 16 May 00, you failed to pass your second CDC end-of course examination. The
minimum passing score was 65. You scored 57, as evidenced by the commander’s evaluation, dated
12 Jul 00. At this time, a CDC waiver was requested and you were allowed to retest.

c. On or about 6 Apr 01, you failed to pass your third Career Development Course (CDC) end-
of-course examination. The minimum passing score was 65. You scored 60, as evidenced by the
commander’s evaluation, dated 18 Apr 01.

d. On or about 16 Jun 01, you failed to pass your fourth Career Development Course (CDC) end-
of-course examination, The minimum passing score was 65. You scored 61, as evidenced by the
commander’s evaluation, dated 25 Oct 01. This failure resulted in the initiation of this discharge package.

The documents listed above are attached at Tab 4.

3. In addition to the above reasons, your file also reflects a memorandum for record (MFR), dated 13 Dec
01, which documents your general unconcern regarding your CDC failures and your desire to get out of
the Air Force due to a civilian job you have lined-up. This document also states that your failures are a

result of you not trying to succeed and you not trying to pass the test. This document is attached at Tab
4a.

4. Copies of the documents to be forwarded to the separation authority in support of this recommendation
are attached. The commander exercising special court-martial 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 will probably not be allowed to enlist in any other branch of the armed services.

5. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have

made an appointment for you to consul . Area Defense Counsel, 895-9530, on
Eats at hours. You may consult civilian counsel at your own expense.
TAN O

Global Power For America
- | P2002 O3F6

6. You have the right to submit statements in your own behalf. Any statements you want the separation
authority to consider must reach me within three days after receipt of the Notification Memorandum,
unless you request and receive an extension for good cause shown. I will send them to the separation

authority,

7. 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.

8. You must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, between the
hours of 1100 — 1300, Mon — Thur, for a medical examination.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFT 36-3028 is available for your use in the orderly room.

10. The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies
which you received, if any, if you separate before completing the period of active duty you agreed to
serve. This recoupment applies whether you voluntarily separate or are involuntarily separated.
Recoupment will apply regardless of the basis for involuntary discharge if the reason is not homosexual
conduct. The recoupment in all cases is an amount that bears the same ratio to the total cost provided to
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve. If
you dispute that you are indebted for educational assistance, a board or other authority will make findings
and recommendations concerning the validity of the indebtedness.

11. Execute the attached acknowledgement and return it to me immediately.

 

6 Attachments:
MER, April 00

Commander’s Evaluation, 12 Jul 00
Commander’s Evaluation, 18 Apr 00
AF Form 2096, 13 Jul 01
Commander’s Evaluation, 25 Oct 01
. Receipt of Notification (Tab 5)

AwRwnNo