AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI,) 

GRADE 

AFSNISSAN 

&I 

A l C  

TYPE 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

COUNSEL 

YES 

I  NO 
X 

MEMBERS SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

VOTE OF THE BOARD 

ISSUES 
A93.09 

JNDEX  NlJMlER 
A49.00 

HEARING DATE 
26 FEB 03 

CASE NUMBER 
FD2002-0369 

X 

I 

I 
EXHIBITS SUBMITITD TO THE BOARD 

I 

I 

1 
2 

3 
4 

ORDER APPOINTING THE BOARD 

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 

I 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

APPLICANT'S ISSUEAND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

U M A K K a  

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to 
submit an application to the AFBCMR. 

TO: 

SAFlMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

PROM: 

- 

SECRETARY OF THE AIR FORCE PERSONNEL COlMCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WMG, 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 

FD02-0369 

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

The applicant was offered a personal  appearance before thc 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:  Upgrade of discharge 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:  The applicant does not contest the discharge; he states his discharge was based on the failure of a 
test and an isolated instance of personal  stupidity, which resulted in a DUI.  The records indicated the 
applicant received a General Discharge for IJnsatisfactory Performance.  In addition to failing his end of 
course examinations twice; he also received four Letters of Reprimand, two Letters of Counseling, three 
Memorandums for Record, and an off-base speeding ticket.  The DRB found the seriousness of the willful 
misconduct offset any positive aspects of the applicant's  duty performance,  The Board concluded the 
several instances of misconduct were a significant departure from the conduct expected of all military 
members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade 
of discharge.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH AlC) 
MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 15 May 01 UP AFJ  36- 
3208, para 5.26.3 (Unsatisfactory Performance).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 2 Mar 79.  Enlmt Age: 18 10/12.  Disch Age: 22 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-43,  E-79,  G-42,  M-96. PAFSC: 2A333A -  Tactical Aircraft 
Maintenance Apprentice. DAS: 17 Jul 99. 

b.  Prior S v :   (1) AFRes 12 Jan 98 -  27 Oct 98 (9 months 16 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A1C  28 Oct 98  for 4  yrs. S v d :   2 Yrs 6 Mo 18 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: EOC, 13 AUG 00 -  CDC end of course examination failure. 
EOC, 13 NOV 00 -  CDC end of course examination failure. 
(Examiner's Note: The following infractions were taken from 

the Legal Review.  Reasons for infractions are not given): 

Four Letters of Reprimand. 
Two Letters of Counseling. 
Three Memorandums for Record. 
One off-base speeding ticket. 

f.  CM:  None. 

g.  Record of SV: 28 Oct 98 -  15 Apr 00  Kadena AB  2  (HAF Dir)REF 
16 Apr 00 -  01 Feb 01  Kadena AB  2  (Cmdr Dir)REF 

(Discharged from Whiteman AFB) 

h.  Awards &  Decs:  AFOUA, AFEM, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  ( 4 )   Mos  (4) Das 
TAMS: (2) Yrs  (61 MOS  (18) Das 

4 .   BASIS ADVANCED FOR REWIEW:  Appln  (DD Fm 293) dtd 25 Aug  0 2 .  

(Change Discharge to Honorable) 

Issue 1:  My undesired discharge was based on the failure of a test and an 

isolated instance of personal stupidity which resulted in a DUI. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR  18 WGICC 

FROM:  18 WG/JA 

SUBJECT: 

strative Discharge - 
(PACAF), Kadena AB, Japan 

d this administrative discharge action 
-  Failure  to  Progress in  On-the-Job 
5.26.3,  and AFI 
3 - i I  
36-2201,  Attachment  3.  The  initiating commander has recommended an under  honorable  conditions 
(general) discharge without probation and rehabilitation. 

2.  GOVERNMENT'S EVIDENCE: 

, - - - - - - . 

first time with a sctre e The minimum p i i n g  score is 

[received notification that he failed his Career nev 

interview with him, h  upervisor, and training monitor to address 

his strengths, study habits, and preparation for the CDC exam (Tab 1-1). 

he failed his Career Development 

3.  RESPONDENT'S EVIDENCE: 

a.  The respondent, a 22-year old airman, originally enlisted 28 Oct 98,  His AQE scores are A-43, 
E-79, G-42, and M-96.  This airman has received m o  (2) enlisted performance reports (EPR).  The latest 
EPR, which closed out on 01 Feb 01, rated him an overall 2,  The airman is entitled to wear the medals, 
awards, dnd ribbons outlined in the commander's recommendation. 

b.  The respondent consulted military defense counsel and has elected to  submit a  statement on  his 
that  his  CDC  requirements be  waived  or  that  he  be 
behalf.  .In his  statement, -requested 
crossed-trained into another career field.  He expressed his desire to remain in the Air Force; however, if 
he  were  to be  discharged, he requested the  characterization be  honorable, instead of  under  honorable 
conditions (general) (Tab 3). 

4.  ERRORS OR IRREGULARITIES: None. 

5.  DISCUSSION: 

a.  Under AFI 36-2201, Attachment 9, a commander must choose between four available options when 
an airman fails his Career Development Course (CDC) examination on two consecutive occasions.  First, 
the  unit  commander may  keep  the  airman  in  training,  certify  career  knowledge,  and  upon  successful 
completion of  training, request  a  waiver  of  the  CDC requirement.  Second, the unit  commander may 

withdraw the  airman from  training,  consider him  for  future reentry  into upgrade  training  (UGT),  and 
request a waiver of the CDC requirement.  Third, the unit  commander may withdraw the airman from 
training, request the withdrawal of his Air Force specialty code (AFSC), and either recommend retraining 
or return him to  a previously-awarded AFSC.  Finally, the unit  commander may withdraw the airman 
from training and recommend him  involuntary separation for failure to progress in  on-the-job-training 
(OJT) pursuant to AFI 36-3208, paragraph 5.26.3. 

b,  As noted in-recommendation, 

he revie 
his supervisor and training monitor, and personally met with 
the desire and motivation required for re 
and that he lacks the basic skills necessary for his current 

-lacks 

who  is  in  the  best  position  to  evaluat 

ly viable option. 

c.  -failed 

to progress in OJT by failing his CDC examination on two consecutive occasions 
Both before and after his fist examination, -squadron 
entered him in a study program and 
monitored his progress,  They addressed his concerns, offered advice, and allowed him onduty time to 
study.  His failure to progress satisfies the requirements of AFI 36-3208 and justifies discharge. 

d.  Character of service for airmen discharged for failing to progress in OJT may be honorable or under 
honorable conditions (general).  According to AFI 36-3208, paragraph 1.1 8.1, an airman's  service may be 
characterized as honorable if the quality of his or her  service has generally met Air Force standards of 
acceptable  conduct  and  performance  of  duty. 
records  contain  four  (4)  Letters  of 
Reprimand, two (2) Letters of Counseling, one (1) Record of Individual Counseling, three (3) Memoranda 
for Record, one (1) off-base speeding ticket,  and the establishment of an Unfavorable Information File. 
Therefore characterization of his service as under honorable conditions (general), as recommended by% 

is appropriate, 

e.  I concur wit-ecommendation 

that probation and rehabilitation is not appropriate 
ample opportunity to successfully progress in OJT.  He 
for this airman.  The squadron ga 
was  offered assistance and  study sessions to prepare for his CDC examinations, and yet  he  failed the 
examination on two  occasions. Accordingly, there is no reason  to believe  that further remedial efforts 
would be successful. 

6.  OPTIONS: As special court-martial convening authority, you may: 

a.  Retain 

if you consider discharge onwarranted; 

b.  Direct an honorable discharge with or without probation and rehabilitation; 

c.  Direct  an  under  honorable  conditions  (general)  discharge  with  or  without  probation  and 

rehabilitation. 

7.  RECOMMENDATION: 

I recommend that you  direct an under  honorable conditions (general) discharge without probation and 
rehabilitation by signing the attached memorandum. 

Attachment: 
Case File 

Assistant Staff Judge Advocate, 18th Wing 

USAF