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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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

1  GRADE 

I  AFSNISSAN 

AMN 

TYPE 

-'COUNSEL 

YES 

I  NO 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR O R G A N ~ T I O N  

X RECORD REVIEW 
ADDRESS AND OR ORGANIWTION OF COUNSEL 

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MEMBERS SITTING 

7 

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yTE  OR TEE BOARD 

BOH 

GEN 

UOTIIC 

OTHER 

DENY 

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X* 

-- 

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X* 

4  I 

ISSUES 
A94.06 

INDEX NUMBER 
A49.00 

HEARING DATE 
16 MAY 03 

CASE NUMBER 
FD2002-0396 

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1  I  ORDER APPOINTING THE BOARD 
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ExKTI#~$Y  $rrr)MlTTEB T!J  *CaE B O A W  

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APPLICATION FOR REVIEW O F  DISCf-IARGE 

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LErTER OF NOTlFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SIJBMIT? ED AT  TIMb OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL AI'PERANCE  HtARING 

APPLICANT'S  ISSUE AM)'RphBOy's DECISION& UTIONAL 

AWE ~XSCUSSED ON T W ~ ~ ~ A C H U )  

AIR FORCE  DISCHARGE ~ V I E W  BOARD DEC~SIONALRATIONALE 

REMARKS 
Case heard at Washington, D.C. 

" 

Advise applicant of the decision of the Board. 

I * Change the Reason to Secretarial Authority. 

SIGNATURE O F 2 C O R D E R  

550 C STREET WEST, SUITE 40 
RAN W L P H  AFB, TX 78 150-4742 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NCIMBER 

FD02-0396 

GENERAL:  The applicant appeals for upgrade of the reason for the discharge. 

The applicant appeared and testified before the Discharge Review Board (DRB) without council at 
Andrews AFB, NID, on 16 May 2003. 

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

FINDINGS:  The reason for discharge is changed to Secretarial Authority. 

ISSUE:  The applicant received an Honorable discharge and the Reason was Unsatisfactory Performance. 
Applicant contends the Reason for discharge did not accurately represent the basis for separation.  After a 
thorough and complete consideration of the information submitted by the applicant, and information 
contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate 
a change in the Reason for discharge, but did not change applicant's  reenlistment code.  The DRB noticed 
that the applicant's  Neuropsychological evaluation diagnosed him with a learning disorder.  This, coupled 
with the applicant's reading vocabulary, reading comprehension and AFQT scores led the DRE!  to conclude 
that he should have never been placed in the electrical systems career field.  The DRR did not condone the 
minor misconduct the applicant also had; however, they found that the applicant's Reason for discharge 
should be changed to Secretarial Authority. 

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. 

However, in view of the foregoing findings, the board further concludes that the overall Reason for 
discharge is more accurately reflected as Secretarial Authority.  The applicant's Reason for discharge 
should be changed to Secretarial Authority, SPD Code JFF, under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

( ~ o r m e r  AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a HON Disch fr USAF 21 Feb 02 UP AFI 3 6 -  
3208, para 5.26.1  (Unsatisfactory Performance).  Appeals to Change the Reason and 
Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB:  29 May 82.  Enlmt Age: 18 7/12.  Disch Age: 19 8/12. Educ: HS DIPL. 

AFQT: N/A,  A-33,  E-39,  G-25, M-30. PAFSC: 3EOll -  Electrical Systems Helper. 
DAS: 4 Jun 01. 

b.  Prior S v :   (1) AFRes 23 Jan 01 -  18 A p r   01 (2 months 27 days) (Inactive). 

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3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  19 A p s   01 for 4 yrs. Svd: 0  Yrs 10 Mo 3 Das, all AMS. 

b.  Grade Status:  A m .   -  19 Oct 01 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: AETC 173, 26 OCT 01 -  Failing block 4 test. 

AETC 173, 10 AUG 01 -  Failing to maintain dress & 

appearance standards and for sleeping 
in class. 
AETC 173, 10 AUG 01 -  Negative motivation and disrespectful 
AETC 173, 08  AUG 01 -  Failing block 3 test. 
AETC 173, 03 JUL  01 -  Failing block lc test. 
LOC, 29 JUN 01 -  Failing Objective 30a, Series and Parallel 
LOC, 22 JUN 01 -  Failing Objectives 17a &  19a. 

to an instructor. 

circuits. 

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f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (1) Mos  (0) Das 
TAMS: (0) Yrs  (10) Mos  (3) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD  Fm 2 9 3 )   dtd 13 Sep 02 

(Change the Reason and Authority for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant I s   Issues. 
2. Basic Military Training Standard Performance Summary, 

/ 

Continuation: 

DD For 293 
8. Issues 

The issue that I want to address is the narrative reason for my discharge.  In the narrative 
it is expressed that I received my discharge based on unsatisfactory performance.  I do 
not believe that my performance while in the Air Force was unsatisfactory, 

I entered the Air Force iri April of 2001 and successfully completed basic training.  From 
there I was sent to Sheppard Air Force Base, Texas to attend Tech School. 

While Attending Tech school I was having problems passing the tests that were given at 
the end of each block of instruction.  This is because I have a great deal of difficulty 
taking tests.  I know the material but just have a problem testing. 

Having problems with testing caused me to seek help with depression. The pressure of 
failing tests and having to retest really caused me to slip into depression.  I did very well 
on the field exercises and hands-on type testing because I did not have the pressure of 
taking a written test. 

I admittedly have a slight learning disability that was recognized while in school before 
joining the Air Force.  As a matter of record, I did rather poorly on the Air Force entrance 
examination and required a waiver to enter the Air Force. 

During my counseling sessions with instructors at Tech school several recommended that 
I be reclassified into a different career field.  I was even placed on "CQ" for several 
months for the purpose of being reclassified but this never happened,  During my mental 
health counseling session, with a Major, whose name I do not remember, I was advised 
that reclassification was a viable option.  Again no action was taken. 

Being very new, to the military I often did not understand what was going on nor what 
questions to ask.  This led to my decision to take a discharge. During one of my mental 
health counseling sessions I was advised by the Major that it would be a good idea to take 
a discharge, wait a year or so and try the Air Force again. 

During my short time in the Air Force I received very good ratings on military bearing 
and attitude as evidenced by the attached rating sheet.  I do not feel that my performance 
was unsatisfactory and the narrative as to the purpose of my discharge should be 
corrected to reflect satisfactory performance. 

Yes, I do have difficulty taking tests but that should not be the sole basis of say that my 
performance in the Air Force was "unsatisfactory".  Please consider a change to the 
narrative reason for my discharge and have it reflect that my "overall" performance was 
satisfactory.  Your assistance in this matter will be greatly appreciated. 

DEPARTMENT OF THE AIR  FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

1 1 Feb 02 

MEMORANDUM FOR 782 TRGICC 

FROM:  82 TRWIJAC 
SUBJECT:  Legal Review, Recommendation for Discharge - 

a 

, - - - - - that 

- - - - - - the 

1.  We have 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 
A m ;  -----------c---- 
h n  
AFI 36-3208, paragraph 5.26.1 (unsatisfactory paformance), without further 
opportunities for probation and rehabilitation. 

- -  incidents documented within this file sufficiently support 
j's  discharge fiom the Air Force.  We concur with the 366 TRS/CCQ that 
ishould be discharged with an honorable discharge in accordance with 

i L - - - - - - - - - - - - -  

2.  Basis for Action.  On 6 Feb 02, the 366 TRSICCQ notified Amn j 
was recommending that Arnnj 
unsatisfactory performance. 

- - - - - - - - - - - - - -  

be discharged from the s&icedi6-t0  his 

L _ _ _ _ _ _ _ _ _ _ _ _ _ I  

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i  that he 

3.  Evidence for the Commander.  The preponderance of the evidence in the case file 
supporting the commander's recommendation is that 
satisfactory progress in a required training program. 
with a score of 60%, block 3 with a score of 62%, block 4 with a score of 68%.  The 
minimum passing score for these tests is 70%.  As a result, he was disenrolled from his 
technical training course on 9 Jan 02.  Prior to disenrollment he was counseled 
concerning his academic failure.  Efforts to improve his performance, have met with 
negative results. 

4.  Additional Information.  The respondent is 19 years old, began his present enlistment 
on 19 Apr 01, and was assigned to his unit 4 Jun 01.  His ASVAB scores are as follows: 
M - 30, A - 33, G - 25, and E - 39.  The respondent is entitled to wear the Air Force 
Training Ribbon.  He waived his right to consult with counsel and has waived his right to 
submit statements for your consideration. 

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

b.  Direct that he be discharged with an honorable discharge; or 

c.  Suspend the honorable discharge and recommend Probation and Rehabilitation. 

Zkis communication Cs privileged as attorney work product  andlor attomq-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 of 82 TRW/JA. 

6.  We note no administrative errors of legal significance, and we concur with the 
commander's recommendation that an honorable discharge is appropriate. 

7.  If you have any questions on this matter, please contact Cap! 
ext 6-71 93. 

L - - - - - - - - - - - - - - - - - - - - '  

bt 

Attachment: 
Case File 

This communication is privileged as attorney work product  and/or attom+pcIient  communication or ir 
protected by another privilege recognized under the law.  Do not distribute, firward, or release without the 
prior approval of the sender or of 82 TR W/JA. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

MEMORANDLM FOR 

FROM:  366 TRSICCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge horn the United States Air Force for unsatisfactory duty 
performance.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.26.1.  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 reason for this action is your failure to make satisfactory progress in a required 
training program.  Specifically, you failed block 1-C with a score of 6O%,  block 3 with a score of 
62%, block 4 with a score of 68%.  The minimum passing score for these tests is 70%.  As a 
result, you were disenrolled fiom your technical training course on 9 Jan 02.  Prior to 
disenrollment you were counseled concerning your academic failure, Efforts to improve your 
performance, have met with negative results.  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 will probably be denied 
enlistment in any component of the armed forces. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
Area Defense Counsel, at Bldg 
I have made an appointment for you to consult 
1638, on 7 Feb 02, at 1000. 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 11 Feb 02 unless you request and receive an 
extension for good cause shown.  I 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 physical examination on 16 Jan 02 at 0700. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available in the 366th Training Squadron, Military Training Flight, 
Personnel OEce for your use. 

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

Attachments: 
1.  AETC Form 125A, 09 Jan 02 
2.  Student Training Report, 0 1038 
3.  Student Training Record (366 TRS/TTE), Start Date 12 Jun 01 
4.  AETC Form 173,26 Oct 0 1 
5.  AETCFonn 173,lOAugOl 
6.  AETC Form 173,lO Aug 01 
7.  AETC Form 173,08 Aug 01 
8.  Air Force Reading Abilities Test, 09 Jul01 
9. AETC Form 173,3 Jul01 
10.82 MDOS/SGOHO Memo, 20 Nov 01 
11. LOC, 29 JunO1 
12. LOC, 22 Jun 01 
1 3. LAFB Form 205,28 May 0 1 
14. Airman's Receipt of Notification Memorandum