AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAW, FIRST MIDDI,E INITIAL) 
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EXHIBITS SUBMlPTER TO THE BOARD 

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1  I  ORDER APPOINTWG TIIB BOARD 
I  2  1  APPLICATION FOR REVIEW OF DlSCllARCE 

LETTER OF NOTIFICA'I'ION 

PERSONAL APPEARANCE 

1 

/  TAPE RECORDING OF PERSONAI,  APPEARANCE 

BEARING DA'I'E 
28 Jul2006 
APPLICAhTS ISSUE A!WD  Ilk BOARD'S DECISIONAL RATIONAL ARE DISCUSSED O\ THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KAl'IONALB 

FD-2005-00382 

CASE NUMBER 

I~ 

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Case heard  in Washington, D.C. 

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

Names and votes will be made available to the applicant at the applicant's request. 

+Reenlistment Code 

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SAFIMRBR 
550 C STREET WEST,  SUITE 40 
RANDOLPI I AFB, TX 781 50-4742 

I N D O R ~ ~ I E N T  
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FROM: 

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DATE:  8/24/2006 

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SECRETARY OPI'HE  AIR FORCE PERSONNEI. COUNCIL 
AIR FORCE DlSCllARGE REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AF8, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NLIMBEH 

FD-2005-00382 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, and to change the reenlistment 
code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declincd to 
exercise this right. 

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

FINDINGS:  Upgrade of discharge and change of recnlistment code are denied. 

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or in~propriety that would justify  a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received a Letter of Reprimand, fivc Letters of Counseling, eleven Memorandums for Record and one AF 
Form 623A for misconduct.  The applicant had numerous infractions for failure to complete tasks, 
unacceptable comprehension and retention of training, taking extended lunch hours, failure to obey lawful 
orders, dereliction of duty, failure to maintain standards of government quarters and failure of dorm room 
inspection.  The DRB opined that through these administrative actions, the applicant had ample opportunities 
to change his negative behavior.  The Board concluded the misconduct was a significant departure from 
conduct expected of all military members.  The characterization of the discharge received by the applicant 
was found to be appropriate. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive requirements of the discharge rcgulation and was within the discretion of the 
discharge authority and that the applicani 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 

DEPARTMENT OF THE AXR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH AlC) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Shaw AFB, SC on 1 Sep 05 
UP AFL  36-3208, para 5.26.3  (Unsatisfactory Performance -  Failure to Progress in 
On-The-Job Training).  Appeals for Honorable Discharge, and to Change the RE 
Code. 

2.  BACKGROUND: 

a. DOB: 31 Aug 77,  Enlmt Age: 17 8/12.  Disch Age:  28 0/12. Educ: Bachelor 

Degree. AFQT: N/A.  A-74,  E-59,  G-57,  M-41. PAFSC: IN051 -  Lntellegence 
Applications Journeyman.  DAS: 29 Jul 02. 

b.  Prior Sv:  (1)Enlisted USANG 12 May 95.  Svd: 7 yrs 2 months 12 days, of 
which AMS is 1 yr 1 month 8 days.  A1C -  2 Jun 95.  SrA -  1 Jun 96.  SSgt -  1 Apr 
00.  No performance reports available. 

3.  SERVICE UNllER REVIEW: 

a.  Enlisted USAF as A1C 25 Jul 02 for 6 yrs. Svd: 03 Yrs 01 MO 07 Das, all 

AMS . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art15's:  None, 

e.  Additional: AF FORM 623A, 7 MAR 05 -  Removed from training. 

LOCI 14 FEB 05 -  Failure to complete tasks. 
MFR, 10 FEB 05 -  Failure to complete ITS assignments. 
MFR, 07 FEB 05 -  Failure to adhere to duty hours. 
MFR, 01 FEB 05 -  No briefing knowledge. 
MFR, 01 FEB 05 -  Problems creating POC list. 
MFR, 19 JAN 05 -  Unacceptable current comprehension and 

retention of training. 
MFR, 18 JAN 05 -  No memory of training. 
MFR, 12 JAN 05 -  Comprehensive problems with Midterm 

Feedback Session. 

MFR, 15 DEC 04 -  Unacceptable RainDrop performance. 
MFR, 09 DEC 04 -  Taking extended lunch hours. 
MFR, 12 NOV 04 -  No Retention of Weaponeering Concepts. 
MFR, 26 OCT 04 -  Failure to blouse pants and lace boots. 

LOR, 22 JUN 04 -  Failure to use the chain of command. 
LOC, 22 JAN 04 -  Dereliction of duty. 

Failure to obey a lawful order. 

LOC, 08 JAN 04 -  Failure to maintain standards of 

LOC, 14 JUL 03 -  Failed dorm room inspection. 
LOR, 07 MAR 03 -  Dereliction of duty. 

government quarters. 

f.  CM:  None. 

g.  Record of SV: 25 Jul 02 -  24 Mar 04  Shaw AFB  2  (1nitial)REF 

25 Mar 04 -  24 Mar 05  Shaw AFB  1  (Annual)RF,F 

h.  Awards  &  Decs:  NDSM, GWOTSM, AFTR. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (03) Mos  (21) Das 
TAMS:  (04) Yrs  ( 0 2 )   Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Oct 05. 

(Change Discharge to Honorable, and Change the RE Code) 

Issue 1:  I request upgrade change in the reentry code from 2-B, and 

consideration in upgrade in character of service.  Current notations do not 
reflect justice in my service. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

2oTH FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MEMORANDUM FOR CC 

2 4  AUG  Z!NB 

FROM: JA 
SUBJECT: Administrative Discharge - AlC i 

C-....-.-..-.-....------------------ 

,....-.-..-.-....-....~.~..~.~....~., 

; 609 AIS 

1.  I have reviewed the proposed discharge action case file and find it legally sufficient to 
support a decision to separate the respondent with an under honorable conditions (general) 
discharge, as soon as he is found medically fit for separation. 

2.  Background: 

a.  The respondent is a 27-year-old assigned to the 609th Air Intelligence Squadron 

(609 AIS).  His TAFMSD is 13 Jun 01 and he began his 6-year enlistment on 25 Jul02.  He 
was assigned to his present unit on 29 Jul02.  The respondent has received two enlisted 
performance reports; the first with a rating of "2" and the most recent with a rating of "1". 

b.  On 7 Jun 05,609 AISICC properly notified the respondent of his recommendation to 

separate the respondent under the provisions of AF136-3208, Chapter 5, Section E, paragraph 
5.26.3 for failure to progress in on-the-job training with an honorable discharge.  On 
12 Aug 05, the respondent elected to present his case to an administrative discharge board. 

3.  Evidence for the Government; 

The respondent failed in his on-the-job training requirements.  After being trained on 

certain job tasks, he was still unable to perform his tasks when called upon.  In addition, he 
repeatedly failed to complete tasks, even after being given additional time to do so.  Lastly, 
even though the respondent was certified, he was later decertified and removed from training 
due to failure to progress in on-the-job training. 

4.  Evidence for the Res~ondent: 

The respondent was represented by counsel and presented his evidence to an administrative 
discharge board of four officers and two enlisted members.  At the board, the respondent asked 
to be retained in the Air Force and allowed to cross-train into another section.  A transcript of 
the proceedings is attached for your consideration. 

5.  Discussion: 

a.  A basis for discharge exists.  The respondent was unable to perform core tasks even 
though his supervisor gave him repeated training on the same material and additional time to 

Global Power f o r   America 

complete projects.  Despite the additional mentoring and training, the respondent was still unable 
to perform his daily duties. 

b.  The respondent should be discharged under that provision.  The respondent received 

a training plan which was documented in his AF Form 623.  He was also retrained on all core 
tasks which were required for his skill level, but never improved his duty related performance, 
The board members weighed all the evidence and testimony and recommended that the 
respondent be discharged from the Air Force. 

c.  The respondent should be given a general discharge.  Based on the respondent's 

overall performance, 609 AISICC recommended an honorable discharge.  On  12 Aug 05, the 
respondent presented his case to a discharge board.  The evidence presented to the board 
members showecl that the respondent had repeated problems obeying duty hours, completing 
tasks on time, retaining basic job skills and taking responsibility for his actions.  The board 
recommended an under honorable conditions (general) discharge.  According to AFI 36-3208, 
paragraph 1.18.2, a general discharge is appropriate when "significant negative aspects of the 
airman's conduct or performance of duty outweigh positive aspects of the airman's military 
record."  The respondent's repeated inability to perform job tasks clearly outweighs the positive 
aspects of his service. 

d.  Probation and Rehabilitation is not appropriate in this case.  Respondent's continued 

failure to progress, demonstrates his poor rehabilitative potential.  Furthermore, retaining this 
airman is not feasible as his two referral EPRs would make it difficult, if not impossible, to have 
another career field accept him.  Thus, I do not recommend probation and rehabilitation in 
conjunction with this discharge. 
6. Errorsand: I note no errors prejudicial to the respondent's substantive or 
procedural rights.  However, it is somewhat unusual for the Board to recommend a discharge 
characterization less favorable than what the squadron commander recommended.  It appears 
that the Board members were concerned with the respondent's lack of ability to improve his 
duty performance despite his supervision chain being very involved in his training and 
mentoring.  Furthermore, the members considered his entire record and service in determining 
a general discharge was the more appropriate characterization. As part of that record, the 
Board members considered multiple letters of counseling and reprimand, as well as testimony 
regarding the respondent's  failure to take responsibility for his actions.  After considering his 
entire record, the members elected to recommend a general under honorable conditions 
discharge, with no probation and rehabilitation. 

7.  Options:  As separation authority in this case, you may: 

a.  Direct retention, if you determine the evidence does not warrant discharge; or, 

b.  Direct respondent's  separation with an honorable discharge, with or without probation and 

rehabilitation; or, 

c.  Direct respondent's separation with an under honorable conditions (general) discharge, with 

or without probation and rehabilitation. 

8.  Recommendation:  In  accordance with  the  board's  recommendation, direct the  respondent's 
separation with  a  general  discharge  and recommend  denial  of probation  and  rehabilitation.  A 
proposed memorandum to that effect is attached for your signature. 

'..-..-..-..-..-..-------------------------------: 

Staff Judge Advocate 

Attachments: 
1.  Proposed Letter 
2.  Case File 
3.  Record of Board Proceedings 

~ O T H  FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MBMOMNDUM FOR AIRMAN FIRST CLASS i 

............................................... 

FROM:  609 AIS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for failure to progress 
in on-the-job training.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 
5, Section E, Paragraph 5.26.3.  If your discharge 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 reasons for this action are:  You failed in your on the job training requirements, After 
being trained on several items, you were unable to perform the tasks. You could not complete 
your assignments even after being given additional time to do so.  Because of the problems you 
had in performing your tasks after being certified, you were later decertified and removed from 
training for failure to progress.  (see Tab 4a for training documentation) 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  The separation authority will make the findings and 
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable,  The commander exercising special court-martial 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 any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

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.  You must consult legal counsel before deciding to waive any of 

your rights. 

j,  Area Defense Counsel, 895-9530,321 Cullen Street* at 

5.  Military legal co;n~g!hg~&~n obtained to assist you.  I have made an appointment for you 
to consult Captain! 
/y&  hours on ~ - ~ G - - - - - ~ O O S  
the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 5 1-201.  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. 

Instead of the appointed counsel, you may have another, if 

6.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you 
choose to exercise. The statement must be signed in the presence of your counsel who also will 
sign it. If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf. I will send the statements to the discharge 
authority with the case file to be considered with this recommendation. If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

7.  You have been scheduled for a medical examination.  You must report to the Primary Care, 
located in the Shaw AFB clinic at  0895  hours on  9 3 ,  
appointment is mandatory.  If you must reschedule, contact your unit First Sergeant to 
reschedule the appointment for you. 

20aE This 

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 unit orderly room. 

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

10.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

......................................................... 

Commander 

Attachments: 
1. Supporting Documents 

a.  MFR, dated 28 Jul03. , - - - - - - - - , 
b.  Memorandum for A 1 C i 
c.  AF Form 623A, dated iS.-~ugQ3, (Initial evaluation). 
d.  AF Form 623A, dated 20 Sep 04, (Initial evaluation). 
e.  AF Form 623A, dated 20 Jul03 - 04 Mar 05 (Documented training, 19 pages), 
f.  MFR, dated 08 Mar 05, with attachments (1 9 pages) 

; dated 25 Jul03. 

2. Other Derogatory Data 

a,  LOR, dated 7 Mar 03. 
b.  LOC, dated 14 Jul03. 
c.  LOC, dated 8 Jan 04, 
d.  LOC, dated 22 Jan 04. 
e,  LOC, dated 22 Jun 04.