.+ 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL) 

, 

AFSNISSAN 

I  GRADE 

TYPE GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

1  RECORDREVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
X 

I 

I 

MEMBER SITTING 

INDEX NUMBER  A49.00 

1  1  ORDER APPOINTING THE BOARD 
2  /  APPLICATION FOR REVIEW OF DISCHARGE 
3 
LE'ITER  OF NOTIEICATION 
4  (  BRIEF OF PERSONNEL FILE 

1  COUNSEL'S RELEASE TO THE BOARD 

I 

ADDITIONAL EXHIBITS SUBMIlrrED AT TIME OF 
PERSONAL APPEARANCE 

I I  TAPE RECORDNO OF PERSONAL APPERANCE 

- 

HEARING DATE 
08 Dec 2003 
@ L f C W S   IEjSUEAMD THE 3DAIARD'B bEQSIONAL iL4l'k)N~L ARE D I M B D :  ON THE ATFACEfEfl AIR PORCt D1SC1H&GE 

I 

fEYIBW BDARD DECISIONAL %AIKK.I&E 

Case heard at Randolph AFB, TX. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 

I 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF IBE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCBARGE REVIEWBOARD 
1535 COMMWD D R  EF WLYC.3RD FLOOR 
ANDREWS AFB, MD 207627002 

AFHQ FORM 0-2077, J A N  00 

@F-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00400 

GENERAL:  The applicant appeals to upgrade her November 3,  1999, discharge from General to 
Honorable.  The applicant requested to appear before the Board but was unable to appear as requested.  The 
Board considered her request for upgrade on December 8, 2003. 

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

FINDINGS:  The applicant's  request is APPROVED. 

The  Board  finds  that  applicant's  discharge  was  negatively  impacted  by  minor  misconduct  that  was  not 
included in her discharge notification letter.  Because the unnoticed minor misconduct was considered by the 
separation authority, the Board found that the applicant's  discharge characterization was unfairly prejudiced. 

ISSUE : 

The applicant contends that her general discharge was inequitable and too harsh because although she failed 
to  complete  her  career  development  courses,  her  actual  duty  performance  was  satisfactory.  The Board 
concluded  that the applicant was  discharged for unsatisfactory performance--failure  to progress  in military 
training.  The reasons provided  in her discharge notification letter, dated  19 October  1999, were that on five 
separate occasions the applicant failed her career development course (CDC) examinations.  The applicant's 
commander initially recommended a general discharge, but after receiving an oral and written response from 
the  applicant,  he  amended  the  discharge  notification  on  27  October  1999,  to  recommend  an  honorable 
discharge.  The  Board  determined  that  in the  legal  review  by  the  Staff  Judge  Advocate,  the  separation 
authority was advised that he should consider that the applicant had "six  letters of reprimand  and one letter 
of counseling during her tenure"  at O f i t t  AFB.  The Staff Judge Advocate hrther recommended a general 
discharge based on the applicant's  less than "sterling"  record.  The Board recognizes that while evidence of 
such minor misconduct can be considered by the separation authority in determining  a member's  discharge 
characterization, the notice of discharge must apprise the member of all allegations and evidence that will be 
considered  by the separation authority.  The notice should also provide the member with an opportunity to 
respond to the allegations and evidence presented to the separation authority.  ARer review of the record, the 
Board  concluded  that the  applicant was  not  afforded proper notification  of other misconduct, nor was  she 
given the opportunity to adequately respond to the separation authority.  The failure to provide proper notice 
of all  matters  considered  by  the  separation  authority  creates  an  impropriety  that justifies  upgrading  the 
applicant's  discharge. 

CONCLUSIONS:  In  view  of the foregoing findings  the  board  concludes  that  the  applicant's  service is 
more  accurately  reflected  by  an  Honorable  discharge.  The  reason  for  the  discharge  should  remain 
unsatisfactory  performance.  The qoard  does not  recommend  changing the applicant's  reentry  code.  The 
applicant's  discharge characterizatbn should be changed to honorable 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 

(Former A1C)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 3 Nov 99 UP AFI 36-3208, 
para 5.25  (Unsatisfactory Performance -  Failure To Progress In Military 
Training).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Aug 75.  Enlmt Age: 20 8/12.  Disch Age: 24 2/12. Educ: BAC. 

AFQT: N/A.  A-60,  E-43,  G-41,  M-46. PAFSC: 35031 -  Personnel Apprentice. 
DAS: 12 Jan 97. 

b.  Prior Sv: (1) AFRes 23 Apr 96 -  24 Sep 96  (5 months 2 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Sep 96 for 4 yrs. Svd: 3 Yrs 1 Mo 10 Das, all AMS. 

b.  Grade Status:  A1C -  25 Jan 98 
AMN  -  25 Mar 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) None. 

e.  Additional: EOC FORM 9, 24 SEP 99 -  Failed End of Course examination. 
EOC FORM 9, 02 AUG 99 -  Failed End of Course examination. 
LOR, 21 MAY 99 -  Dereliction of duty. 
LOR, 06 MAY 99 -  Dereliction of duty. 
LOR, 26 MAR 99 -  Inappropriate behavior and disrespect to 

an NCO. 

LOR, 26 MAR 99 -  Dereliction of duty. 
LOR, 25 FEB 99 -  Violating the Chain of Command, and 
disrespect to an NCO. 
LOC, 21 FEB 99 -  Disrespect to an NCO. 
EOC FORM 9, 16 OCT 98 -  Failed End of Course examination. 
EOC FORM 9, 27 JUL 98 -  Failed End of Course examination. 
EOC FORM 9, 14 NOV 97 -  Failed End of Course examination. 
EOC FORM 9, 15 AUG 97 -  Irresponsible behavior. 

f.  CM:  None. 

g.  Record of SV: 25 Sep 96 -  28 Sep 98  Offutt AFB  3  (Initial) 

29 Sep 98 -  11 May 99  Offutt AFB  1  (Cmdr Dir)REF 

(Discharged from Offutt AFB) 

h.  Awards &  Decs:  AFTR, SAEMR, AFOUA. 

i.  Stmt of Sv:  TMS: (3) Yrs  (6) Mos  (12) Das 
TAMS:  (3) Yrs  (1) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Aug 03. 

(Change Discharge to Honorable) 

Issue 1:  Upgrade of my DD-214 to Honorable from General Under Honorable 

Conditions.  My actual performance duties related to my AFSC was satisfactory. 
The primary reason I was discharged was my failure to complete career 
development courses.  I am unable to explain the reason, other than my inability 
to take tests.  The inability to work with my supervisor.  Due to several issues 
including stress related to my working conditions, and personnality  (sic) 
conflict contributed to my  failure to complete the CDC's.  Thus resulting to my 
disc  (sic). 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 55TH WING (ACC) 
OFFUl7 AIR  FORCE BASE,  NEBRASKA 

FROM:  55 MSSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United  States Air Force for Unsatisfactory 
Performance--Failure To Progress In Military Training.  The authority for this action is AFPD 36-32 
and AFI 36-3208, paragraph 5.25.  If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending a general discharge. 

2.  My reason for this action is your failure to progress in military training as evidenced by: 

a.  On 14 April  1997, you were enrolled in Career Development Course (CDC) 3S05 1, Set A. 

On  14 November  1997, you took your End of Course examination and failed to achieve the 
minimum passing score of 65%.  Your score was 48%.  (Atch 1 - 1) 

b.  On  16 December 1997, you were enrolled in CDC 3S05 1, Set A.  On 27 July 1998, you took 

your End of Course examination and failed to achieve the minimum passing score of 65%.  Your 
score was 58%.  (Atch 1-2) 

c.  On 16 December 1997, you were enrolled in CDC 3S05 1, Set A.  On 16 October  1998, you 

took your End of Course examination and failed to achieve the minimum passing score of 65%. 
Your score was 6 1 %.  (Atch 1-3) 

d.  On 17 December 1997, Air Education and Training Command (AETC) deactivated your 

CDC's.  Subsequently, on 4 November  1998, you were enrolled in CDC 3S051, Set B.  On 2 
August  1999, you took your End of Course examination and failed to achieve the minimum passing 
score of 65%.  Your score was 43%.  (Atch 1-4) 

e.  On 4 November  1998, you were enrolled in CDC 3 SO5 1, Set B.  On 24 September 1999, you 

took your End of Course examination and failed to achieve the minimum passing score of 65%. 
Your score was 40%.  (Atch 1-5) 

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.  If you are 

discharged, you will be ineligible for reenlistment in the Air Force and probably any other branch of 
the military. 

3.  You have the right to consult counsel.  Military 1 
have made an appointment for you to consult C 
323C, RM 302, Phone 4-3939, at 0830  on 
counsel at your own expense. 

been obtained to assist you.  I 
Area Defense Counsel, Bldg 
.  You may consult civilian 

4.  You have tlie right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  iq00, Pa O~Z-99 unless you request and receive 
an extension for good cause shown.  1 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 medical examination.  You must report to the 55th Medical 
Group, Physical Exams, Room  115, Building 527, at  1400 
for the 
examination.  Please pick up your medical records 24 hrs prior to your appointment. 

on  20 ow 99 

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 unit orderly room. 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 
0qu0 

on  ao ocr  99 

with your escort. 

9.  Execute the acknowledgment provided and return it to me immediately. 

- . . - .  . . 

Commander, 55Ih Mission Support Squadron 

Attachments: 

Atch  1 - 1 ; End of Course Form 9, 14 Nov 97 
Atch  1-2; End of Course Form 9,27 Jul98 
Atch  1-3; End of Course Form 9, 1 6 Oct 98 
Atch  1-4; End of Course Form 9,2-Aug 99 
Atch  1-5; End of Course Form 9,24 Sep 99