I 

I 

AIR FORCE DISCHARGE REVIEW BOARD EIEAFUNG KECORn 

NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

I  AFSNISSAN 

I 

TYPE 

PERSONAL APPEARANCE 

NAME OF COIJNSEI. AND OH ORGANlUTlON 

I 

I 

1 

ADDRESS A M )  OR O H C A N ~ ~ T I O N  OF COllNSEL 

MEMBERS SITTIh'G 

HON 

I  GEN 

I  UOTHC 

I  OTIIER 

(  DENY 

lS5ULS 
1494.53, A94.05 

INDEX NUMBER 
A49,OO 

- 
HEAKING DATE 
03-03-25 

CASE NUMBER 
FD2002-0403 

1 
2 

4 

I 
EXHIBITS SUBMITTED 10 THE BOARD 

I 

ORDER APPOINTING  HIE BOARD 

I 

I 

APPLlCATlON  FOR REVIEW OF DISCHARGE 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL bXHIHITS SUBMITTEI) A 1'  I'IME OF 
PERSONAI.  APPMRANC't: 

TAPE RECOKI~~NG OF PERSONAL APPEKANCE IEARING 

APPLICANT'S lSSUk AND 'THE BOARD'S DECISIONAL RATIONAL ARE UlSCUSSED ON THE ATTACHED AIR POWE DISCHARGE R t V l k W  BOARD DECISIONAL RATIONALE. 

UEhlARKS 

Case heard at Washington, D.C. 

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

SAFm'B%' 
550 C STRE  T WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WTNG, 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 

FD2002-0403 

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  nor  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 
the  Block  I  exam  and then  failing his  Block  I1  exam  for his  technical training  school class  in  Aircraft 
Fundamentals.  The  Board  noted  that  applicant failed  his  tests  with  scores of  46,  68,  and  62,  and  was 
counseled on what was expected of him during training.  Member had previously been eliminated from the 
pararescue  technical  training  course  after  25  days  of  a  10-week  program.  During  his  aerospace 
maintenance technical school, he was described as a not motivated to stay in the Air Force and his ability to 
function  in  the  military  significantly impaired.  He  was  furthermore not  recommended for retention  or 
retraining.  The Board  also notes now that member also had  an Article  15 that included six misconduct 
specifications, to include an underage-drinking incident.  The Board further noted these were not used as a 
basis for the discharge action, nor were they referred to anywhere in the discharge file.  Applicant states had 
he known he could not come back into the military after his discharge, he would not have "left."  The Board 
could not  find any inequity, impropriety, extenuation or 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. 

The applicant cited his desire to return to military service.  While the Board commends applicant on this 
desire, and is sympathetic to the impact a discharge for unsatisfactory performance has on his reenlistment 
code, this is not a matter of equity or propriety that warrants an upgrade. 

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 Eull 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 

.----------------------------------- 

IWDREWS AFB,  MI) 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCIWRGE  REVIEW BOARD 

(Former AB)  (HGH AB) 

FD2002-0403 

1.  MATTER UNDER REVIEW:  Appl rec'd a HON Disch fr USAF 17 Mar 00 UP AFI 36- 
3208, para 5.26.1 (Unsatisfactory Duty Performance).  Appeals to Change Reentry 
Code, and Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 8 Apr  81.  Enlmt Age: 18 2/12.  Disch Age: 18 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-55,  G-66, M - 5 8 .   PAFSC: 2A511E - Aerospace Maintenance 
Helper. DAS: 2 Dec 99. 

b.  Prior S v :  

( 2 )  AFRes 15 Jun  99 -  17 Aug 99 (2 Mos 3 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  18 Aug 99 for 4 yrs. Svd: 0 Yrs 6 Mos 28 Das, all AMS. 

b.  G r a d e   Status:  None 

c.  Time Lost:  None 

d.  Art 15's: 

(1) 3 Mar 00, Sheppard AFB, TX -  Article 92.  You did, on 

or about 12 Feb 00, violate a lawful general 
instruction, to wit:  paragraph 2.1.8., Sheppard Air 
Force Base Instruction 36-2902, dated 15 Oct 97, by 
wrongfully entering a local area hotel/motel. You did, 
on or about 14 Feb 00, violate a lawful general 
instruction, to wit:  paragraph 2.1.9., Sheppard Air 
Force Base Instruction 36-2902, dated 15 Oct 97, by 
wrongfully entering the dormitory room living quarters 
of a member of the opposite sex.  You did, on or about 
12 Feb 00 and on or about 14 Feb 00, violate a lawful 
general instruction, to wit:  paragraph 2.1.11,. 
Sheppard Air Force Base Instruction 36-2902, dated 15 
Oct 97, by wrongfully consuming alcoholic beverages 
while under the legal drinking age of 21.  You did, on 
or about 12 Feb 00 and on or about I4 Feb 00, violate a 
lawful general instruction, to wit:  paragraph 5.2.1,. 
Sheppard Air Force Base Instruction 36-2902, dated 15 
Oct 97, by wrongfully failing to remain on Sheppard Air 
Force Base.  You did, on or about 14 Feb 00, violate a 
lawful general instruction, to wit:  paragraph 5.2.3,. 
Sheppard Air Force Base Instruction 36-2902, dated 15 
Oct 97, by wrongfully enterning a Privately Owned 
Vehicle  (POV) .  You did, on or about 14 Feb 00, violate a 
lawful general instruction, to wit:  paragraph 5.2.5, 

Sheppard Air Force Base Instruction 36-2902, dated 15 
Oct 97, by wrongfully failing to return to and remain 
in your assigned dormitory from 2100 to 0400. 
Forfeiture of $400.00 pay per month for 2 months, 
restriction for 30 days, and 30 days extra duty. 
(No appeal  (No mitigation) 

e.  Additional: AETC FORM 125A, 4 FEB 00 -  Course disenrollment for 

AETC FM 173, 02 FEB 00 -  Failed test. 
AETC FM 173, 24 JAN 00 -  Failed kest. 
AETC FM 173, 10 JAN 00 -  Failed test. 
AETC FM 125A, 17 NOV 99  -  Course disenrollment for 

academic deficiency. 

unsuitability. 

f .  CM:  None. 

g .   Record of SV: None. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (0) Yrs  ( 9 )   Mos  (3) Das 

TAMS: ( 0 )   Yrs  ( 6 )  Mos  (28) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Aug 02. 

(Change Reentry Code, and Reason and Authority for Discharge) 

ISSUES ATTACHED  TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. AF Form 3008. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND f RAINING COMMAND 

14 Mar 00 

MEMORANDUM FOR 882 TRG/CC 

FROM:  82 TRWIJA 
h 

SUBJECT: Legal Review, Recommendation for Discharge - AB I , - - - - - - - - - - - - - - - - - - - - - - - - - -b 

I 

362 TRS 

1.  We have reviewed this discharge case file and frnd 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 . . . . . . . . . . . . . . . . . . . . . . .  
Air Force.  We concur with the 362 TRSICCQ that AB j L - - - - - - - - - - - - - - - ,  
an honorable discharge in accordance with AFJ 36-3208, paragraph 5.26.1 (unsatisfactory 
performance), without further opportunities for probation and rehabilitation. 

?s discharge from the 
!should be discharged with 

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

A% i 

:that she was 
2.  Basis for Action.  On ----------------- 
recommending that AB j - - - - - - - - - - - - - - - - -  ibe discharged from the service due to his unsatisfactory 
performance. 

9 Mar 00, the 362 TRSICCQ notified AB i L - - - - - - - - - - - - - - - ~  

3.  Evidence for the Commander.  The preponderance of the evidence 
the squadron section commander's recommendation is that ABI L - - - - - - - - - - - - - - - .  
Block I exam, Aircraft Fundamentals, with scores of 46% and 68% , and failed Block I1 with a 
score of 62%; minimum passing is 70%. As a result of these failures, he was disenrolled from 
the Aerospace Maintenance Apprentice (l3-IB) course on 4 Feb 00.  Prior to disenrollrnent, he 
was counseled concerning his academic failures and received 5 hours of Special Individual 
Assistance (SIA).  Efforts to improve his performance were met with negative results. 

i twice failed the 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  

in the case file supporting 

4.  Additional Information.  The respondent is 18 years old and began his present enlistment on 
18 Aug 99.  The respondent was assigned to his unit on 2 Dec 99.  His academic test scores are 
average.  The respondent is entitled to wear the Air Force Training Ribbon.  He has waived his 
right to consult with counsel and has waived his right to submit statements for your 
consideration. 

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

a.  Direct AB j 

- - - - - - - - - - - - - - - - a  

Is retention; 

b.  Suspend an honorable discharge and recommend Probation and Rehabilitation; 

c. Suspend an under honorable conditions (general) discharge and recommend Probation and 

Rehabilitation; 

d.  Direct his discharge with an honorable discharge; 

e.  Direct his discharge with an under honorable conditions (general) discharge. 

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

Attachment: 
Case File 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

FDZQBZ - o ~ 0 2  

- 

9 Mar 2000 

MEMORANDUM FOR  AB i 

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

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - .  
' I,  362 TRS 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  

i,  FEq 

PROM:  362 TRSICCQ 

527 G Ave 
Sheppard AFB TX 763 1 1-2835 

SUBJECT:  Notification Memorandum 

I 

I 

1.  I am 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 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 I exam, Aircraft Fundamentals twice with scores of 46% 
and 68% respectively, and Block I1 with a scores of 62%  -- minimum passing is 70%.  As a 
result of these failures, you were disenrolled from your technical training on 4 Feb 2000.  Prior 
to disenrollment you were counseled concerning your academic failures.  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 
Special Court Martial 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 me 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. 
I have made an appointment for you to consult  Caat; 
1638, room 1 10, on  10 Mar 2000  at  1530  hours.  You may consult civilian counsel at your 
own expense. 

!  , Area Defense Counsel, at Bldg 

I - - - - - - - - ,  

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  14 Mar 2000  , 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 were scheduled for a physical examination on  9 Feb 2000  . 

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 362 TRSICommanders Support Staff ofice. 

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

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

Squadron Section Commander 
362d Training Squadron 

kttachrnents: 
1.  AETC Form 125A, 4 Feb 2000 
2.  Student Training Report, CL NR OOAlO 
3.  AETC Form  173,2 Feb 2000 
4.  AETC Form 173,24 Jan 2000 
5.  AETC Form 1'73,10_!an  2000 
6.  Statement, AB i - - - - - - - - - - - - - - - -  i, undated 
7.  AF  Form 3070,3 Mar 00 
, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
8.  AF Form 1168, AB; 
9-  AFForm11689ABL ---------------, 
10. AETC Form 125A, 17 Nov 99 
1 1. Student Training Report, CL NR 00007 
12.362 TRSMTF Memo, undated 
13. Airman's Receipt of Notification Memorandum 

a  17 Feb 00 
14Feb00 

cc: 
82 MSS/DPMARS 
362 TRSICSS (File) 
Individual 

To whom it may concern: 

In regards to question nurnbcr nine.  I Believe the record to be in error or unjust in the following 
particulars.  I was given legal counsel with the option to be honorably discharged with a SPNIRE code that 
would allow me to re-enlist into the Air ForceIAir Force Reserve. 

I would have not left the Air Force if I knew I would not be able to come back.  That was one of 
fhe requirements 1 gave to my  lawyer when I asked for a discharge.  If I knew I would receive a separation 
code with no re-enlistment I would have never left.  My recruiter informed me I would have the option to 
leave if 1 was to fail my  voluntary Para rescue Career.  When I failed in my final week of the Para rescue 
hdoc Course I thought I would be able to leave, but instead they told me I was to get another job with the 
I" needs ofthe Air Force.  They forced me to become a B-1 bomber mechanic in South Dakota.  I joined the 

Air Force to be a soldier not a mechanic, and I do not see how you can make a man motivated to be 
something that he is not. I was told I could not re-enlist and that I will be a mechanic for three years before 
I can cross-train back to the Para rescue Program.  After all of this I had to get a lawyer.  When I met with 
her, the only requirement I had for myself with being discharged, was the option for re-enlistment.  She told 
me that 1 would not have to become a mechanic, and that thcrc was an alternative.  She told me that she 
collld give me an honorable discharge and I would only have to wait a full year before I could go back and 
re-enlist.  This was the faster option to re-enlist for Para rescue, so I took it thinking tbat I would only have 
to wait a year and then I could have another chance at my dream.  When I went back to the recruiting center 
a year after discharge they took one look at my separation code, and told me that I would not be able to re- 
enlist with the code I was given. 

It bas been my dream to be a Para rescuetnan and I want to go back Knowing what I 
know now, I would not fail.  I have also thought about if I were to fail again, and T would willingly go 
along with the needs of the Air Force and fmd another job. I was discharged on March seventeenth of two 
housand. For the past twa years I have made sure that this is definitely what I want for myself, and I will 
sacrifice anything for my career.  I have realized that the military is something special to be apart of and 
makes me a better man.  Watching my dad as an Air Force Reserve and listening to stories about his father 
in the marines,  [ realize the military is what I want for my future family and myself.  I ask that you would 
please consider changing my separation code and give me another chance to serve my country.