Search Decisions

Decision Text

AF | DRB | CY2006 | FD2005-00463
Original file (FD2005-00463.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD 

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

ISSUES 

A94.53 

INDEX NUMBER 

A49.00 

X*+ 

1 
2 
3 

ORDER APPOINTING 1 ME  BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
I.F.TTER  OF NOTIFICA I  ION 
HKIEF OF PERSONNEI.  FI1,E 
COUNSEL'S RELEASF '1'0 THE BOARD 

PERSONAL APPEARANCE 

TAPE RECORDNO OF PERSONAI.  APPEAMNCE HE 

1 
1 

IIEARINC DATE 

1 
1  28 Sep 2006 
*"APPLIC#@~S  ISSUE AND WE B O M " 9  ~~BC~SIONAL 

I 

1  FD-2005-00463 

1 

I 

I 

I 

Ztn6NAt. ARE DLSCUSSBD CJN'THF, ATTACHED AIkdbRCE DISCHXRQE: RFVlEW BOARD DLICIS~ONAL'RATIONALB 

' 

Case heard in 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 

/  Naines and votes will be made available to the applicant at the applicant's  request. 
I *  Reason and Authority 
+ Reenlistment Code 

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

SLCRETARY OFTHE AIR  FORCE FERSOYhFI.  ( O I  RC'IL 
r\lR  FOR(  t. DISC'H.\RC;E REV1F.H  MOARD 
1535 CO\lMAhD  DR, LL \\IYC,  3Hl)  FLOOR 
ANDREWS AFB, MD 20761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00463 

GENERAL:  The applicant appeals to change the reason and authority for the discharge, and to change the 
reenlistment code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 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: 

Applicant requests that the reason (unsatisfactory performance) for his discharge be changed and also 
requested to have his reenlistment code changed to be eligible for reenlistment into the United States Air 
Force.  The DRB opined that the reason for discharge was Unsatisfactory Performance which is in 
accordance with AFI 36-3208, paragraph 5.26.3, Failure to progress in on-the-job training.  This reason 
includes individuals who fail to upgrade in a timely manner or, as is in this case, fail to pass the Career 
Development Course exam twice.  The Board concluded the reason for the discharge received by the 
applicant was appropriate. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a HON Disch fr USAF Vandenberg AFB, CA on 7 
Sep 01 UP AFI 36-3208, 5.26,3 (Unsatisfactory Performance -  Failure to Progress 
in On-The-Job-Training) .  Appeals for A Change in RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Dec 81.  Enlmt Age: 17 0/12.  Disch Age: 19 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-51,  E-43,  G - 3 6 ,   M-78. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 13 Nov 99. 

b.  Prior Sv: (1) AFRes 30 Dec 98 -  15 Jun 99 (5 months 16 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Jun 99 for 6 yrs. Svd: 02 Yrs 02 Mo 22 Das, all AMS. 

b.  Grade Status:  A1C -  30 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  None. 
e.  Additional: 23 OCT 00 -  End of Course Exam failure. 
16 JAN 01 -  End of Course Exam failure. 
LOR, 02 MAY 01 -  Underage possession of alcohol. 

f  .  CM:  None. 

g.  Record of SV: 16 Jun 99 -  15 Jan 01  Vandenberg AFB  4  (HAF Diw) 
16 Jan 01 -  19 Jul 01  Vandenberg AFB  3  (HAF Dir) 

h.  Awards &  Decs:  AFTR, AFEM, AFOUA 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (09) Das 
TAMS:  (02) Yrs  (02) Mos  (22) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Nov 05. 

(Change Discharge to Change the RE Code, Reason and Authority for Discharge) 

Issue 1:  I am trying to reenlist into the Air Force and canot  (sic) with my 

reentry code.  I would also like my seperation  (sic) code changed also. 

ATCH 
1. Personal  statement. 
2. Three Character References. 
3. Two Enlisted Performance Reports. 
4. Response to Administrative Discharge. 
5 .   Memorandum  For 30 S F S / C C ,   21 Aug  01. 

DEPARTMENT OF THE AIR FORCE 

soTH SPACE WING (AFSPC) 

FROM: 30 SFSICC 

SUBJECT:  Notification of Administrative Discharge Action Under Am 36-3208 

1. I am recommending your discharge from the United States Air Force for failure to progress in 
on-the-job training (OJT).  The authority for this action is AFPD 36-32 and AFT  36-3208, 
Paragraph 526.3.  If  my recommendation is approved, your discharge may be characterized as 
General, Under Honorable Conditions.  I am recommending that your discharge be characterized 
as Honorable. 

2.  My reasons for this action are: 

a,  On or about 23 Oct 00, you failed your Career Development Course (CDC) Final 

Exam with a score of 60%. The minimum passing score on your CDC is a 65%. 

b.  On or about 16 Jan 01, you failed your CDC Final Exam for a second time with a 

score of 59%. 

3.  Copies af 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 deci&  whether you will be discharged or retained in the Air Force and, if 
discharge action is approved, how your discharge will be characterized. If you are discharged, 
you will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, 
or education assistance you have received may be subject to recoupment. 

4.  You have the right to consult counsel, Military legal counsel has been obtained to assist you. 
I have made an appointment far you to consult Capt : ------------------ pit the Area Defense 
Counsel, Building 8500, ext. 6-3627128, at 
may consult civilian counsel at your own expense. 

hours on 

. You 

5,  You have the right to submit matters on your own behalf.  Any matters you wish to submit for 
consideration by theseparation authority must reach me within 3 duty days unless you request 
and receive an extension from me for good cause shown.  I will forward any matters submitted 
by youto the separation authority. 

6.  If  you fail to consult counsel or to submit matters in your own behalf within 3 duty days 
without an approved extension, your failure will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination,  You must report to 30 MDG 
at 1550 hours on 15 Aug 01. 

GUARDIANS OF THE HIGH FRONTIER 

8.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act 
of  1974. A copy of AFI 36-3208 is available for your use at the office of the Area Defense 
Counsel, Building 8500. 

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

Attachments 

1.  Commander's Evaluation, 7 Dec 00 w/ attached CDC Final Exam Score, 23 Oct 00 
2.  Commander's Evaluation.9.Fgb-O1 w/ attached CDC Find Exam Score, 16 Jan 01 
3.  Memorandum from TSgti --- -_- --- - 
4.  Memorandum from SFOA/MSgt : ----------- 
5.  Letter of Reprimand dtd 2-M1,,11, 
6.  Memorandum from TSgti ------ --, 
7.  Memorandum for Record dtd 3 July 01 

! dtd 1 June 00 

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

Commander 

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

u 

I - - - - - - - - - - ,  

: dted 6 June 01 



Similar Decisions

  • AF | DRB | CY2003 | FD2002-0334

    Original file (FD2002-0334.pdf) Auto-classification: Denied

    SIGNATURE OF RECORDER INDEX NUMBER A94.05 A49.00 HEARING DATE CASE NUMBER 7 JAN 03 FD2002-0334 Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to mei rs) mL OK APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE ee TAPE RECORDING OF PERSONAL APPERANCE HEARING AIR FORCE DISCHARGE'RE VIEW BOARD...

  • AF | DRB | CY2004 | FD2003-00068

    Original file (FD2003-00068.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) Issue 1: I - - - - - - , am submitting to the review board a request to have my General under Honorable Discharge upgraded to an Honorable Discharge from Sept 98 to Jan 01. Letter of Counseling, 4 Apr 00 4. Letter of Counseling, 5 Dec 00 10.

  • AF | DRB | CY2002 | FD2002-0027

    Original file (FD2002-0027.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD62-0027 GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge. The records indicated the applicant failed his CDC Course exam twice and was honorable discharged. RECOMMENDATION: For the reasons stated above, I recommend the respondent be discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, section E, paragraph 5.26.3, with an honorable discharge, without P&R.

  • AF | DRB | CY2006 | FD2005-00364

    Original file (FD2005-00364.pdf) Auto-classification: Denied

    3RD FI.OOR ANDREW$ AFB, M D 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) (HGH A1C) 1. Recommend to the respondent's MAJCOM that she be cross trained and retained in the Air Force or, c. Discharge the respondent based on...

  • AF | DRB | CY2005 | FD2005-00115

    Original file (FD2005-00115.pdf) Auto-classification: Denied

    The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AlC) 1. As a result, you received an LOR dated 26 Sep 00. c. On or about 17 Aug 0 1, you received non-judicial punishment under Article 15, UCMJ for assaulting another Air Force member with a deadly weapon while under the influence of alcohol and wrongfully transporting a...

  • AF | DRB | CY2003 | FD2002-0489

    Original file (FD2002-0489.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0489 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For tbis offense, you received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice on 23 October 2001 consisting of a suspended reduction to the grade of "Return With Honor" airman, suspended forfeiture of $167,00, the suspension being conditioned upon attendance of financial counseling, 14 days extra duty, and a...

  • AF | DRB | CY2001 | FD01-00003

    Original file (FD01-00003.pdf) Auto-classification: Denied

    Applicant requests that the reason (unsatisfactory performance) for his discharge be changed. Change the Reason and Authority for Disch. 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.

  • AF | DRB | CY2003 | FD2003-00373

    Original file (FD2003-00373.pdf) Auto-classification: Denied

    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: SAFhlRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 781 50-4742 FROM: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR. EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002 AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2003-00373 GENERAL: The applicant appeals for...

  • AF | DRB | CY2001 | FD01-00070

    Original file (FD01-00070.pdf) Auto-classification: Denied

    Recommendation: Sign the attached memorandum directing the respondent's separation with an honorable discharge, without probation and rehabilitation. I am recommending your discharge from the United States Air Force for failure to progress in on-the-job training. Copies of the documents to support this recommendation are attached and will be forwarded to the separation authority.

  • AF | DRB | CY2004 | FD2003-00532

    Original file (FD2003-00532.pdf) Auto-classification: Denied

    Applicant requests that the reason (unsatisfactory performance) for his discharge be changed. The Board concluded the reason for the discharge received by the applicant was appropriate. Now on to some of the issues concerning why I failed to adequately study the CDC's.