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AMN
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RECORDREVIEW
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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TYPE GEN
PERSONAL APPEARANCE
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MEMBER SITTING
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I S S ~ I E S A94.03
INDEX NUMBER
A49.00
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IIEAHING DATE
1 CASE NIIMBEH
ADDRESS AND OH ORGANIZATION U Y COIINSEI.
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IION
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CiEN
VOTE OF THE BOARD
I UOTHC
OTHER
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:XHIBITS SUBMITTED TO THE BOARD
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I ORDER APPOINTING TI IT. ROARD
I APPLICATION FOR RT.VIEW O F 1)ISC.IIARFE
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3 1 LETTER O F NOTIFICATION
4 1 13lllfiF O F PERSONNEL FILE
COUNSEL'S KUI,EASE '1'0 'I'HE BOARD
ADDITIONAL EXHIHITS SCJI3MI'I"I'F.I) A'T TIME O F
I'EIHONAL APPEARANCE
'I'APE REC:OKDING O F PERSONAL APPEARANCE HE
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22 Mar 2007
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE LllbCHARtiE REVIEW HOARll Ilk( l5lllNAI kATIONAI E
FD-2006-00333
Case heard in Washington, D.C.
Advise applicant of tllc dccision of thc Board, thc right to a personal appearance withlwithout counsel, and the right to submit an
application to the AFBCMR
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INDORSEMENT
D A M : 4/1&607
SAFIMRRR
550 C STREET WT:ST, SUITE 40
RANDOLPH AFB, TX 78 150-4742
FROM:
SECRETARY O F TllE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DlSCllARCE REVIEW BOARD
153.5 COMMANI) I)R, EE WINC.3RD FLOOR
ANDHEWS AFB. MU 20762-7002
AFHQ FORM 0-2077, JAN 00
(CF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00333
GENERAL: The applicant appcals for upgrade of discharge to Honorable.
The applicant was offered a personal appearailce 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: Upgrade of discharge is dcnicd.
Thc 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 contends that he was treated unfairly in regards to the lack of instruction he received in preparing
for his Career Development Course (CDC) exams. Thc rccord indicatcs that the applicant failed his CDC
cnd-of-course exam, twice. In addition, the applicant received two Letters of Reprimand (failure to go) and
an Article 15 for negligently failing to successfully progress in CDC program. The record did indicate that
on the first failed CDC the supervisor involvement with the applicant's training was limited, but on his
second failure the record indicatcs that proper interventioil froin the unit was provided. The Board noted that
a common observation was madc rcgardiilg the applicant's attitude toward studying--lacked motivation and
procrastination. In the commander's review, the commander stated that the applicant's supervisory chain
ranked his performance as low and did not put forth ally additional effort during his off-duty. He (the
commander) noted that the applicant received a marginal on physical fitness assessment and failed a training
qualification. The Board noted that the Article 15 for ncgligcntly failing to successfully progress in CDC
program was harsh considering thc applicant failed his CDC exam over 30 days prior to receiving the Article
15. Although the Article 15 was found to be too harsh, the applicant's misconduct offset any positive
aspects of his duty performance. Thcrcfore the Board found the characterization of the discharge received
by the applicant to be appropriate.
CONCLUSIONS: Thc Discharge Review Board coilcludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within thc discrction 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 tlie applicant's discharge should not be changed.
Howevcr, the Board does recommend that if tllc applicailt can provide additional documented information to
substantiate his issue, he should coilsider exercising his right to rnakc a pcrsoiial appearance before the
Board. If he should choose to excrcisc his right to a personal appearance hearing, the applicant should be
prepared to providc ally factual evidence, exemplary post-service accomplishnlcnts as wcll as contributions
madc in the community.
Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AMN) (HGH AlC)
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr USAF Barksdale AFB, LA on 16
Sep 05 UP AFI 36-3208, para 5.26.3 (Unsatisfactory Performance - Failure to
Progress in On-The-Job Training). Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 1 Aug 83. Enlmt Age: 19 1/12. Disch Age: 22 1/12. Educ: HS DIPL.
AFQT: N/A. A-37, E-39, G-40, M-36. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 30 Oct 03.
b. Prior Sv: (1) AFRes 23 Aug 02 - 14 Apr 03 (7 months 22 days) (Inactive).
3 . SERVICE UNDER REVIEW:
a. Enlisted as AB 15 Apr 03 for 4 yrs. Svd: 02 Yrs 05 Mo 02 Das, all AMS.
b. Grade Status: A m - 25 Jul 05 (Article 15, 25 Jun 05)
A1C - 15 Aug 04
A m - 15 Oct 03
c. Time Lost: None.
d. Art 15,s: (1) 25 Jul 05, Barksdale AFB, LA - Article 92. You, who
knew or should have known of your duties, between on or
about 22 Dec 04 and on or about 1 Jun 05, were derelict
in the performance of those duties in that you
negligently failed to successfully progress in the
Career Development Course program, as it was your duty
to do. Reduction to Airman, and 30 days extra duty.
(No appeal) (No mitigation)
e. Additional: AF FORM 2096, 28 J U N 05 - AFSC withdrawn.
01 JUN 05 - Second CDC end of course examination failure.
22 DEC 04 - First CDC end of course examination failure.
LOR, 31 JVL 04 - Failure to go to four appointments.
23 JUL 04 - Failure to go.
f. CM: None.
g. Record of SV: 15 Apr 03 - 14 Dec 04 Barksdale AFB 3 (Initial)
15 Dec 04 - 26 Jul 05 Barksdale AFB 2 (Cmdr Dir)REF
h. Awards & Decs: AFTR, NDSM, GWOTSM.
i. Stmt of Sv: TMS: (03) Yrs (00) Mos (24) Das
TAMS: (02) Yrs (05) Mos (02) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 23 Aug 06.
(Change Discharge to Honorable)
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Issue 1: Considering the circumstances of my departure from the military,
i, feel that I was treated unfairly with regards to the lack of
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instruction I received in preparing for my CDCs. My first attempt at taking the
test, I failed to meet the requirement by ten points. One may clearly tell upon
reviewing my first supervisor course survey why such an event may have occurred.
However, in my second attempt, I only failed to meet the requirement by one
point, which can be seen in my test summary.
As for the lack of motivation witnessed on the part of my surpervisor, I can
only state that I am not a good test-taker, but I did put forth a great deal of
effort in trying to pass the test. Granted, I went to the military to gain more
insight into various career fields, I dislike the fact that this experience has
only placed me at a disadvantage as I seek to obtain a secure job placement.
ATCH
1. End of Course Exam Results.
2. On-The-Job-Training Documentation.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 2D BOMB WINO (ACC)
BARKSDALE AIR FORCE BASE, U
FROM: 2 SFSICC
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 3632, Military Retirements and
Separations, and AFI 363208, Administrative Separation of Airmen, 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 general.
2. My reasons for this action are:
a. On or about 1 Jun 05, you scored 64% on the Career Development Course end-of-course
exam. The minimum passing score is 65%. This was your second failure.
b. On or about 22 Dec 04, you scored 54% on the Career Development Course end-of-
course exam. The minimum passing score is 65%. This was your first failure.
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, If
you are discharged, the commander will determine 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 consult counsel. Military legal counsel has been obtained to assist
you.
Area
Defense Counsel, Building 4714, third floor, phone number 456-8355-ii--k hours on
I have made an appointment for you to consult
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2,
2005. 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 Q qfi Q hours on 6 scdt 0 5 2005
unless 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.
7. You have been scheduled for a medical examination. You must report to the 2nd Medical
Group, Physical Exam Section, at
2005 and an
additional examination will be scheduled if necessary.
hours on
8. Any personal infomation 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. Execute the attached acknowledgment and return it to me immediately.
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' ~o~&"ander, 2d ~ e c d t y Forces squ&n
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Attachments:
1. Receipt of Notification Memorandum
2. Trainee's Background Information Worksheet (2nd Failure), undated
3. Trainee's Background Information Worksheet (1'' Failure), undated
4. Nonjudicial Punishment, AF Form 3070,25 Jul05
5. Letter of Reprimand, 3 1 Jul04
6. Letter of Reprimand, 23 Jul04
AF | DRB | CY2006 | FD2005-00306
I am recommending your discharge from the United States Air Force for Unsatisfactory Duty Performance: Failure to progress in on-the-job training (OJT). The separation authority will make the findings and recommendations required under 10 U.S.C. 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 | CY2007 | FD2006-00386
SERVICE UNDER REVIEW: a. Reenlisted as SrA 1 Mar 04 for 4 years. I am recommending your discharge from the United States Air Force for failure to progress in on-the-job training according to AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation ofAirmen, under the provisions of paragraph 5.26.3. In addition to military counsel, you have the right to employ civilian counsel.
AF | DRB | CY2006 | FD2005-00394
The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right. Applicant contends during his military career, he made some bad decisions, he was young and dumb and didn't have a family yet, and hc now has a family and purpose, currently works for Social Security, and has a career and wants to continue to grow. LOR, 14 NOV 95 - Financial irresponsibility.
AF | DRB | CY2005 | FD2005-00227
Since the applicant did receive an Honorable discharge, the Board encourages the applicant to reapply for her GI Bill benefits and show the VA that-her reason and authority for discharge were for failure to pass her CDC. Though not used as a basis for your discharge, the following actions will be reviewed by the sep'aration authority: :. Although the LOR states the action was taken for the second CDC failure, it is obvious due to the date of the LOR the action was taken for the first...
AF | DRB | CY2007 | FD2006-00258
I - - - - - - ------- The applicant appeared and testified before the Discharge Review Board (DRB), with counsel--Mr.; -..-.-. The Board found his supervisors' failure to document their assistance of the applicant as he prepared to take his Career Development Course (CDC) exams was substantial evidence to conclude that the applicant's discharge was inequitable and the reason for discharge should be changed from Unsatisfactory Performance to Secretarial Authority. (Xifapplcable/ AN...
AF | DRB | CY2006 | FD2005-00406
WINC.3RD FLOOR ANDREWS AFB, MD 20762-7002 DATE: Y/25/2(Wb AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NIJMBER FD-2005-00406 GENERAL: The applicant appeals to change the reason and authority for discharge. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ( Former SrA) ( HGH SrA) 1. I will forward any statements to the separation authority.
AF | DRB | CY2007 | FD2006-00069
(Change Discharge to Honorable) ISSUES ATTACHED BRIEF. Applicant's Issues. For this incident, you received a Record of Individual Counseling, dated 14 Mar 04. e. Between 3 Jul03 and 17 Jul03, you failed to follow a direct order to study your Career Development Course (CDC) one hour each day.
AF | DRB | CY2002 | FD2002-0027
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 | CY2007 | FD2006-00203
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00203 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The record indicates the applicant received six Records of Individual Counseling for being late for work--three times, failure to obey direct order, failure to meet standards, and abuse of government vehicle; four Letters of Reprimand for being late for work and failure to go; and an Article 15 for driving under the influence of alcohol and...
AF | DRB | CY2006 | FD2005-00339
3RD FLOOR ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00339 GENERAL: The applicant appeals for upgrade of discharge to honorable. The Vacation action resulting in her reduction to airman first class was for failure to go to appointed place of duty. The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on June 26,2001) that...