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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I 

PERSONAL APPEARANCE 

I X 

I  RECORDREVIEW 

MEMBER SITTING 

2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

HEARING DATE 

11 Feb 2004 

CASE NUMBER 

FD-2003-00532 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR. 

I  TO: 

SAFMRBR  V 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

I  FROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCU 
AIR FORCE DISCaARGE REVIEW BOARD 
1535 COMMAND D R  LE WING, 3RD FLOOR 
ANDREWS AFB. MD 2076t7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00532 

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 ( D M )  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 change of 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 discharge. 

Issue 1. Applicant requests that the reason (unsatisfactory performance) for his discharge be changed. 
Applicant concludes that he should not be labeled with "unsatisfactory performance."  The DRB opined that 
the reason for discharge was in fact unsatisfactory performance, in accordance with AFI 36-3208, paragraph 
5.26.3, failure to progress in on-the-job training (OJT).  This reason includes individuals who fail to upgrade 
in a timely manner those who twice failed to pass their Career Development Course (CDC) exam.  Changing 
the reason for discharge would only be appropriate when it would serve the best interests of the Air Force 
and the discharge for cause is not warranted.  The Board concluded the reason for the discharge received by 
the applicant was appropriate. 

Issue 2.  Applicant contends discharge was inequitable because it was too harsh in view of his administrative 
demotion for the same reasons.  The records indicated the applicant was properly notified of and 
acknowledged the reason for his discharge.  He was also entitled to have his case heard by an administrative 
discharge board but waived that right conditioned on receipt of an honorable discharge.  That request was 
granted.  Therefore this issue is without merit. 

Issue 3.  Applicant infers that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  However, applicant's inability to pass his CDC 
exams and be upgraded in his career field offset the positive aspects of the applicant's duty performance. 
Thus, the Board concluded the discharge was appropriate for the reason that was its basis. 

Issue 4 applies to the applicant's post-service activities.  The D M  was pleased to see that the applicant was 
doing well and has a good job.  However, this does not constitute an inequity or impropriety in his discharge 
that would suggest a basis for changing the discharge. 

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 

ANDREWS AFB, MD - (Former SRA)  (HGH SSGT) 

AIR FORCE DISCHARGE REVIEW BOARD 

DEPARTMENT OF THE AIR FORCE 

1.  MATTER UNDER REVIEW:  Appl rec'd  a HON Disch fr USAF 5 Mar 02 UP AFI 36-3208, 
para 5.26.3  (Unsatisfactory Performance).  Appeals for Change of RE Code, Reason 
and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Apr 75. Enlmt Age: 18 1/12.  Disch Age: 26 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-44,  G-37,  M-53. PAFSC: 2A353A -  Tactical Aircraft 
Maintenance Apprentice. DAS: 23 Feb 99. 

b.  Prior Sv:  (1) AFRes 28 May 93 -  10 Apr 94 (10 months 14 

days) (Inactive). 

20 days, all AMS.  AMN  -  11 Oct 94.  A1C -  11 Aug 95.  SrA -  11 Apr 97.  EPRs: 
4,4. 

(2) Enlisted as AB 11 Apr 94 for 4 yrs.  Svd: 3 yrs 4 months 

3.  SERVICE UNDER RWIEM: 

a.  Reenlisted as SrA 1 Sep 97 for 4 yrs. Extended 9 Jul 98 for 6 months. 

Svd: 4 Yrs 6 Mo 4 Das, all AMS. 

b.  Grade Status:  SrA -  18 Dec 01 (Administrative Demotion) 

SSgt -  1 Dec 00 

c.  Time Lost:  None. 

d.  Art 15's:  None. 
e.  Additional: MEMO, 10 OCT 01 -  Second CDC examination failure. 
MEMO, 23 MAY 01 -  First CDC examination failure. 
LOR, 26 APR 00 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 01 Oct 96 -  30 sep 97  Seymour Johnson AFB. 5  (Annual) 
01 Oct 97 -  30 Sep 98  Seymour Johnson AFB  5  (Annual) 
06 Jan 99 -  05 Jan 99  Kadena AB 
06 Jan 00 -  05 Jan 01  Kadena AB 
06 Jan 01 -  03 Dec 01  Kadena AB 

5  (Annual) 
5  (Annual) 
3  (Cmdr Dir)REF 

(Discharged from Kadena AB) 

h.  Awards  &  Decs:  AFAM, AFLSAR, AFTR, AFOSLTR ~ / 1  DEV, NDSM, NCOPMER, 

AFEM  W/1 DEV, AFOUA W/1 DEV, AFGCM W/1 DEV. 

i.  S t m t   of  Sv:  TMS:  (8) Yrs  (9) Mos  (6) Das 

TAMS:  (7) Yrs  (10) Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 6  Oct  03 

(Change RE Code, Reason and Authority  for Discharge) 

I S S U E S   ATTACHED TO  BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. DD Form 214. 
3. DD Form 149. 

L 

October 6,2003 

Hello members of the Board, it is my desire that the Discharge Review Board reviews my 
p e r s o ~ e l  records and finds that the decision to demote and subsequently discharge me 
fiom the US Air Force was an extreme and somewhat retaliatory action. Below are a few 
issues I'd  like to discuss: 

Initially, I asked about denying the 7 level test but was told that since I agreed to sew on 
Staff Sergeant, then I had to maintain a grade commensurate of my rank. Therefore, I had 
to take and pass the 7 level Career Development Course (CDC). I refuse to believe that 
this was my only option in the matter; h~wever, my ignorance on that particular policy is 
no excuse for my failure to progress. In retrospect, I do realize that I took the End of 
Course (EOC) exam and twice failed. As a result, it is easier for me to accept the 
demotion as a justifiable disciplinary action than for me to concur with the one-two 
punch of demotion and discharge based upon "Unsatisfactory Performance." My entire 
Air Force career is forever branded as "unsatisfactory," and because of the codes that 
accompany this ruling, I am unable to transfer my skills and t r a b i n @ j h e ~ a e S e ~ t s .  
I simply do not agree with this ruling being permanently etched onto my DD214. 

Surely, there were other avenbes such as a waiver, which would have allowed me to 
separate on my original ETS date and not have to wait to be forced out a month later. 
Also, had I expressed a desire to remain in the Air Force, I feel my command would have 
worked with me with other options such as retraining. That being said, my command 
chose to pursue my disciplinary action to the lllest extreme (perhaps to use me as an 
example) simply because I decided to separate and was more focused on adjusting to life 
as a civilian. Now on to some of the issues concerning why I failed to adequately study 
the CDC's. 

- 

I would like to discuss was the workload we were subjected to in the 67th Fighter 
Squadron Inspection Section. At the time I received my CDC's, I and other members of 
the inspection team became increasingly discouraged at the growing population of 
severely over-flowh aircraft awaiting maintenance. Times were so tough then,  that the 
flight line was finally forced to hold aircraft down because the multiple waivers to fly 
them had already been exhausted. As a result, in order to compensate for q e  aircraft 
being backed up, the phase crew management team extended our work schedale. This 
new schedule consisted of six months straight of twelve hour shifts, working six days a 
week just to keep up. Despite this extended schedule, even the future looked grim as the 
squadron continued to over fly the aircraft. It got to the point where the Air Force had to 
contract out a team of civilians to come in and help us with the phase flow. During that 
time, I can recall being so physically and emotionally drained that by the time I'd  get 
back to my dorm room, the last thing on my mind was studying CDC's. Try as I may, it 
was difficult to stay motivated under those circumstances. I wasn't the only airman with 
testing problems during this time. In fact, I have heard that the two fighter squadrons on 
Kadena, the 67th and the 44th, at one time led the Air Force in CDC failures. Maybe this 

is why my commander chose such a severe penalty forme, ashe began his chpaign to 
improve tbe image of his squadron. 

In closing, I would just like for tbe Board to perform a thorough review of my personnel 
files. By doing this, I hope that you will find that throughout my brief military career, I 
have managed to stay out of significant trouble and to obediently perform my duties - to 
include a no-notice deployment (Saudi 2000, as a fill-in, 3 month tour on a 5 hour notice). 

All in all, I have no regrets, the Air Force overall was a good experience. My travels with 
the Air Force have allowed me to experience things I would not have normally 
experienced while living in Alamogordo, NM. My military service has provided me the 
opportunity to understand a different culture and develop a passion for international 
concerns. Thanks to my time in the Air Force, 1 am currently able to work an excellent 
paying job, remain in Okinawa, and use my GI Bill to finish up an undergraduate degree 
in Asian Studies. And, once this degree is complete, I will be moving on to a Master's 
program, and subsequent career in International Relations, which will ultimately include 
the Foreign Service Exam for the Department of State. All of these things are expressed 
in gratitude to my tenure in the US Air Force. However, I cannot be truly satisfied until 
my DD214 remains consistent with such positive occquences.  --. 

-  - ..- .P  . 

Please remove the "Unsatisfactory Performance" as a reason for separation, as well as the 
negatively impacting separation and reentry codes. 

Thank you for your time and consideration. 

.------------------. 
October 6,2003 

DFPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

. -' 

31  Jan 02 

MEMORANDUM FOR SRA 

FROM:  67 FSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge from the United States Air Force for Unsatisfactory Performance- 
Failure to Progress in On-the-Job Training. The authority for this action is AFPD 36-32, AFI 36-3208, 
paragraph 5.26.3,  and AFI 36-2201, Attachment 3.  If my recommendation is approved, then your service 
will be characterized as either honorable or under honorable conditions (general).  I am recommending 
that your service be characterized as honorable. 

2.  My specific reasons for this action are: 

a.  On or about 16 May 0 1, you received notification that you failed your Career Development Course 

(CDC) examination with a score of 29; the minimum passing score is 65.  As a result, I conducted an 
interview with you and your supervisor, to address your strengths, study habits, and preparation for the 
CDC exam (Tab 1-1). 

b.  On or about 2 1 Sep 0 1, you received notification that you failed your CDC examination for the 

second time with a score of 41; the minimum passing score is 65.  As a result, you were placed in 
Training Status Code "T" on 9 Oct 01.  Additionally, you received notification of a demotion action on 3 1 
Oct 01 (Tab 1-2). 

3.  Copies of tlie 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. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  Before making a decision to waive any of your rights, you must consult 

legal counsel. 

5.  You have been scheduled for a medical examination.  You must report to the Physical Examinations 
Section, 18th Medical Group, Kadena AB, at  0% 1 5 -  

on 

fi 6 0 $-. 

6.  Military legal counsel  6  j 
has been obtained to assist you.  An appointment has 
on  /& ,k;y~,(~~at the  Area  Defense  Counsel  at 
been  scheduled  for  you  -er 
Building 1460.  Instead of the appointed counsel, you may have another, if the lawyer you request is in 
the active military service and is reasonably available as determined according to AFI  51-201.  In addition 
to military counsel, you have the right to employ civilian counsel.  The Air Force does not pay expenses 
incident to the employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

7.  Confer with your counsel and,  within seven (7)  duty days,  specify in a written reply,  which of the 
above-referenced rights you  chose to exercise.  The statement must  be  signed in  the presence  of your 
counsel, who will also sign it.  If you waive your right to a hearing before an administrative discharge 
board, then you may submit written statements on your own behalf.  I will send the statements, the case 
file, and 'this recommendation to the discharge authority for consideration.  If you fail to timely respond, 
then  such  failure  will  constitute  a  waiver  of  your  right  to  have  this  matter  presented  before  an 
administrative discharge board. 

8.  The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use at the Area Defense Counsel office. 

9. If you request a board and you fail to appear without good cause, then such failure constitutes a waiver 
of your right to be present at the hearing. 

10.  The discharge board or the discharge authority will make the findings and recommendations required 
under 10 U.S.C.  2005(g). 

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

Attachments: 
1.  Report of Course Examination, 16 May 0 1 ; CDC Failure Notification Memorandum, 23 May 0 1 ; CDC 
Failure Assessment Worksheet (Trainee); CDC Failure Assessment Worksheet (Supervisor);  CDC Failure 
Assessment Worksheet (Commander's  Interview); Reading Comprehension Report,  13 Jul0 1. 
2.  Report of Course Examination, 28 Sep 01; CDC Failure Notification Memorandum, 10 Oct 01; AF 
Form 2096,9 Oct 01; Notification of Demotion Action, 3 1 Oct 01; Supporting Memoranda. 
4.  Airman's Receipt of Notification Memorandum 
5.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay or Bonuses