AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

  

TYPE

  
 

GRADE AFSN/SSAN

AMN =e

 

 

 

 

 

 

 

PERSONAL APPEARANCE | X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ‘ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

ISSUES
A94.04

 
   
 

INDEX NUMBER

A49.00

     
   

CASE NUMBER

FD2003-0139

HEARING DATE

18 JUN 03

 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER

 

INDORSEMENT

  
 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

 

 

 

 

 

 

 

 

oc EXHIBITS SUBMITTED TO: THE BOARD

 

 

 

 

 

 

4 | ORDER APPOINTING THE BOARD

2 (| APPLICATION FOR REVIEW OF DISCHARGE
3 «| LETTER OF NOTIFICATION

4 | BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

oe rl

 

 

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.

 

 

The Board did not change the Reason, Authority or the RE Code.

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

 

 
 
 

DATE? 18 JUN'03

 

 

   
   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHO FORM 0-2077, JAN 00 (EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-00139

GENERAL: The applicant appeals for an Honorable Discharge, a Change in Reason and Authority for
Discharge, and to change the Re-enlistment (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: Upgrade of discharge to Honorable is approved. However, Change in Reason and Authority
for discharge along with a change in the RE Code is denied.

ISSUE: Applicant contends that her discharge was too harsh because her Commander thought her failure
in her CDC’s was deliberate but she insists that her failure was unintentional. The records indicate the
applicant was discharged with a General discharge for Unsatisfactory Performance. Normally, when
someone fails their CDC course and there is no other derogatory information in the file, they receive an
Honorable discharge. 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 upgrade of the discharge. However, the Board did not agree to change the
applicant’s Reason, Authority or RE Code.

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 finding, the Board further concludes that the overall quality of the
applicant’s service is more accurately reflected by an honorable discharge. The Board concluded that the
Reason and Authority of the applicant’s discharge were appropriate due to the unsatisfactory academic
performance. And, the RE Code is appropriate for someone discharged due to Unsatisfactory Performance.

Attachment:
Examiner's Brief
FD2003-00139
DEPARTMENT OF THE AIR. FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

——e (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Jul 02 UP AFI 36-
3208, para 5.26.3 (Unsatisfactory Performance). Appeals for Honorable Discharge,
and to Change the RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 27 Oct 76. Enlmt Age: 23 5/12. Disch Age: 25 9/12. Educ: HS DIPL.
AFQT: N/A. A-61, E-58, G-50, M-50. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 5 Oct 00.

b. Prior Sv: (1) AFRes 17 Apr 00 - 09 May 00 (23 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 10 May 00 for 6 yrs. Svd: 2 Yrs 2 Mo 20 Das, all AMS.
b. Grade Status: AMN - 10 Jun 02 (Administrative Demotion) .
c. Time Lost: None.
d. Art 15’s: None.
e. Additional: EOC, 12 MAR 02 - Failed CDC End Of Course Exam for the
second time.
EOC, 05 JAN 02 + Failed CDC End of Course Exam.

fF. CM: None.

g. Record of SV: 10 May 00 - 15 Jan 02 Edwards AFB 4 (HAF Dir)
16 Jan 02 - 18 Apr 02 Edwards AFB 3 (HAF Dir) REF

(Discharged from Edwards AFB)
h. Awards & Decs: AFTR, AFEM, NDSM, FPBOB.

1. Stmt of Sv: TMS: (2) Yrs (3) Mos (13) Das
TAMS: (2) Yrs (2) Mos (20) Das

 

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 20 Mar 03.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)

Issue 1: In reference to DD form 214 block 28, the Narrative Reason for
Separation states Unsatisfactory Performance. I feel that this particular
FD2003-00139

Statement is inadequate describing my short lived military career. As
referenced from my Response to Discharge Notification, Dated 10 Jul 02,
paragraph 6, sentence 2,3,4, and S, the failure of my 5 level CDC's (sic) was
not intentional. As stated in paragraph 2, sentence 5,6,7, and 8, my moral
convictions and my religious upbringing did not enable me to carry out my duties
as a Security Forces Specialists (sic). Because I am not a quitter and have
many accomplishments as listed in paragraph 3, my chain of command was quick to
assume that my recent CDC failures were deliberate. Despite my chain of
commands (sic) rush to judgment on my failures I can assure you they were
unintentional.

In reference to block 24, Character of Service, I am requesting this be upgraded
from Under Honorable Conditions (General) to Honorable. As stated in paragraph
7, sentence 5,6,7, and 8, I was demoted to E-2 because of my CDC failures,
causing me embarrassment, the subject to conversation, and an example piece
within my squadron and fellow peers. Shortly after, I received a Recommendation
for Discharge for the same actions that were filed against me for failing my
cbc's (sic). While giving me a classification of Under Honorable Conditions
(General) I am again getting punished again for the same unsubstantiated
accusations. Upgrading me to Honorable would allow me to pursue and further my
education while getting full advantage of my Montgomery GI Bill. During my
military career I served proudly and tried to figure a way to honorably serve
the rest of my enlistment as referenced, as stated in paragraph 1, sentence 10.

ATCH

DD Form 214.

Response to Discharge Notification.
Five Certificates of Training.
Certificate of Recognition.

. Armed Forces Exeditionary Medal.
Certificate of Training.
Photographs.

Jno Wh

30APRO3/ia
"

“= al ; - FZ 203 C“FT

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 95” AIR BASE WING (AFMC)
EDWARDS AIR FORCE BASE, CALIFORNIA

 

MEMORANDUM FOR AMN&M sdiashersiassanapomanisnasesosai
FROM: 95 SFS/CC 3 July gp X

SUBJ ECT: Notification Memorandum

  

1. [am 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 and AFI 36-3208, paragraph 5.26.3. If my recommendation is approved, your
service will be characterized as either honorable or under honorable conditions (general). I am
recommending an under honorable conditions (general) discharge.

2. My reasons for.discharging you for failure to progress in OJT are as follows:

a. On 5 Jan 02, you scored a 55 on your Career Development Course (CDC) examination,
your first CDC failure. A minimum passing grade of 65 is required as evidenced by an Air
University student history report, 5 Jan 02. (Atch 1.1)

b. On 12 Mar 02, you scored a 53 on your second CDC examination, your second CDC
failure. A minimum passing grade of 65 is required as evidenced by an Air University student
history report, dated 12 Mar 02. (Atch 1.2) For this second failure, you received an
Administrative Demotion for failure to achieve a skill level appropriate to your grade. (Atch 1.3)

3. Copies of the documents to be forwarded to the separation authority in support of this

_ recommendation are attached. The commander exercising special court-martial (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.

4. 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 -Ae 7-OC _, 7-@gat Bldg gin
RAul|PAatZT53¢. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by_Z & Xu\ Pauniess you request and receive an
extension for good cause shown. I will send them to the separation authority.

6. 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.
f PD 2003-20137

7. You have been scheduled for a medical examination. You must report to Physical

Examination Section, Flight Wg ffice, Bldg 3925iat 6730 0n 8B Aa | Zs) for the
examination. LEIS

8. 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 Orderly Room.

    

Commander

Attachments:

1. Supporting Documents .

1.1. Air University Student History Report dated 5 Jan 02
1.2. Air University Student History Report dated 12 Mar 02
1.3. Administration Demotion dated 10 Jun 02

2. Airman's Receipt of Notification/Recoupment Memorandum
3. Airman’s Statement

4, EPRs