AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

'..-.-..-..-..-..-.-I 

I 

rYPE  GEN 
& , I ~ ; ~ ~ ' " N A M E  O F  COUNSEL AND OR ORGANIZATION 
YES 

No 

PERSONAL APPEARANCE 

I 

I 

I 

GRADE 

SRA 

AFSNISSAN 

.-..-..-..-..-.: 

X 

I 

I 

I  RECORDREVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

$:; 

HON 

I 

VOTE  WE BOA- 

GEN 

I  UOTHC 

I  OTHER 

I 

DENY 

k-....-..-..-..-..----------------2 
ISSUES 

A93.03 

lNDtX hllMBER 

A49.00 

I 

1 
2 
3 
1  4 

HEARING DATE 

CASE NUMBER 

I _  
t y ~ l l a a ~ ~  

I 
SUBMITTED TQ THE BOARD 

I 

I 

~ 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCI-IARCiE 
LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMIITED AT TIME OF 
PERSONAL APPEARANCE 

'TAPE RECORDMG  OF PERSONAL APPEARANCE HE 

10 May 2007 
~

~

1

k

; P S ~
A N D M  BOARD'S DECISIONAL RATIONAL ARL! DISCUSS$Di%$%  A ~ ~ A C H E D  AIR FORCE ~ ' P r O f i ' R E V l E W  BOARD DECISIONAL RATIONALE  ' 

 

' 

I 

I 

I 

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. 

+ Change Reason for Discharge 
* Change Reenlistment Code 

TO: V 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78150-4742 

I 

I 

SECRETARY O F  THE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 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 NUMDER 

FD-2006-00455 

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

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

FINDINGS:  Upgrade of discharge is granted. 

Change of reason and change of recnlistment  code arc denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  dischargc.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's characterization for discharge inequitable. 

ISSUE: 

Applicant contends her discharge was inequitable because it was too harsh.  Applicant believes her 
command could have waived or given her another opportunity considering the sensitive situation she was in 
(an abusive relationship and an unborn child).  The applicant received a General discharge for Unsatisfactory 
Performance.  The records indicated that the applicant failed her end of course exam twice.  After a thorough 
review of the record, the Board found the characterization of the discharge harsh based on the lack of 
evidence that her command had provided the required remedial training needed for the applicant's  success in 
taking her end of course exam.  The Board grants relief for upgrade of the characterization of the dischargc 
to Honorable.  IIowever, the Board did not find any sufficient mitigation to substantiate changing the reason 
for discharge or the reenlistment code. 

CONCLUSIONS:  The  Discliargc  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  lull adiniilistrative due process. 

In view of the foregoing iindings, the Board believes  that the relief for the characterization of the discharge 
should be granted.  The applicant's  characterization  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 SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr ANG Blue Ash, OH on 8 Sep 03 
UP AFI 36-3209, para 3.18.6 (Unsatisfactory Performance).  Appeals for an 
Honorable Discharge, to Change the RE Code, and the Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Feb 82.  Enlmt Age: 18 8/12.  Disch Age: 21 6/21. Educ: HS DLPL. 

AFQT: N/A.  A-59,  E-47,  G-42,  M-26. PAFSC: 3M051 -  Services Journeyman. 
DAS: 26 Oct 00. 

b.  Prior Sv: None. 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted ANG  as AZC 26 Oct 00 for 6 yrs. Svd: 02 Y ~ s  10 Mo 13 Das, of 

which AMS  is 3 months 9 days. 

b.  Grade Status:  SRA  -  24 Apr 02 

c.  Time Lost:  None 

d.  Art 15's:  None. 

e.  Additional: REPORT OF COURSE EXAM, 06 MAR 03 -  Second CDC failure. 
REPORT OF COURSE EXAM, 29 JAN 03 -  First CDC failure. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFRESM, ARFMSM. 

i.  Stmt of Sv:  TMS: (02) Yrs  (10) Mos  (13) Das 

TAMS:  (00) Yrs  (03) Mos  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Nov 06. 

(Change Discharge to Honorable, and Change the RE Code, and the Reason for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Recommendation for Discharge. 
3. Notification of Discharge. 
4. Memorandum for 123 ACS/CC, 5 Apr 03. 
5. Record of Course Examination, 6  Mar 03. 
6 .   Record of Course Examination, 29 Jan 03. 
7. Legal Review. 
8 .   Discharge Order. 

k  -. 
'  DEC  2  1 ZdJ6 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please readinstmctions on Pages 3 and 4 BEFORE completing this appIIcation.) 

OMB No. 0704-0004 
OMB approval explres 
OCt 31,2009 

I 

a

 

s pubkc rspomng burden tw UII~ &on 

of lnlormauon is eglrnafma to avwaps 24 rnlnutss pernrsponaa, lndudlng the tlme tor mwewlnp Instrudiona, saarw~lrlg OXilUnu data OoUrC3P4 oa@eflng M 
m d ~ e w l n u  

rnalnhinlnu the data nseQ.d. and m ~ n
the mllrction of Information. send m m r n ~ t s  maardina t h t ~  burden estlrtute or anv other asoeddthis mileuion of lhbrmatlon. Indudino 
suggostlona for mdudng me burden, d (hs 68p~I'bnenl of bbnse. Exearcive S e ~ c e s  Oredorats (070400-W)  &apondentc  should be own6 that noththstand~~ any other pmvislon of IN, no  - 
to MY mky  forotWlhQ to amply MM a dloct-m of rdonnaUmU It does ro(disp4ay a cursntty vaUd OMB mnVol number.  PLEASE 00 NOT RETURN YOUR FORM 
parsan dull be su 
To THE A ~ ~ v R R G A N I Z A ~ O N .  RETURN CoMPLETED FORM To 
I  AUTHORITY:  10 U.S.C. 1553: E.O. 9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for mllitary discharge Issued to an Individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary: however, failure to provide identifying information may impede processing of this application.  the request for Sodal 
Security Number is strictly to assure proper Identification of the individual and appropriate records. 
1. APPLICANT DATA (The person whose discharge is b be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
a.  BRANCH OF SERVICE (Xone) 
b x~us.4 .-A  ~

) 
1  E, GRADERANK AT DISCHARGE 

1 d.SPWBLSECLIHfYHUY&R  - .- 

IIM*  J~IU-JI..  -. . -. -, 

 AIR FORCE 

APPRoPRlArr  ADDRESS ON BACK 

I MARINE CORPS 

1 COAST GUARD 

PRIVACY ACT STATEMENT 

I ARMY  1 

/  NAVY 

THIS PAGE. 

k

k

 

I 

I 

S OF APPUCANT OR PERSON NAMEDlWITEBlI  (Fonvaml 

U U B   a 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

(  noMraUon of any change in &dress) 

7.  (XdappMcab!e)AN APPLICAIION WAS PREWOUSLY SUBMllTED ON (YYYYMMDD) 

AND THIS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION. OR E i c C 1 & -  

)tq w $ E ~ ~ n B  

8. IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING AlTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue In Item 14. 

If military documenfs or m&ml 

records are relevant to your case, please send copies.) 

. - 

9, TYPE OF R M E W  REQUESTED &me) 

.- 

ON MY MIUTARY' PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATlbN 
WTAPPEAR BEFORE THE BOARD. 

-.. 

- - 

I I ANLUOR (wunssMepmsentative) WISH TO APPEAR ATA HEARING AT NO EXPENSE TO  THE GOVERNMENT BEFORE THE BOARD IN THE 
J WASHINGTON.  D.C. METROPOUTAN AREA. 

/ I  I ANWOR Icounse!hDntsenfalfvel  w!?fR  TO A1 #EAR  AT A ~

T

-
- - 

N

Ms. The Navy DlschWe  Review B& 

- -  

- 

T

 

B k m E  A TRAVLLINQ PANhL CLOSEST TO 

does G h a w  a hading p a d )  

(See ltem 10 of tb Instnrdlons about couns8hpresentative.J 

IL 

I 

ll. APPLICANT MUST SIGN IN ITEM 12.a.  BELOW.  If the record In question Is that of a deceased or Incompetent person,  LEGAL PROOF  ' 

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application Is slgned by other than the applicant, 
Indicate the name (print) 

and relatlon$hlp by marking a box below. 

WIDOW 

,I WIDOWER 

1 

7  NEXT.OF KIN  1 

(  LEGAL REPRESENTATIVE 

QOMER (Spec/M 

I 

12.  CERTIFICATION. I make the foregoing statements, as part af my clalm, with full knowledge of the 
penaltlas lnvolvad for willfully maklng a false statement or clalm. (U.S.  Code.  Title 78, Sections 287 
and 1001, provide thaf an Individual Mali be fined under this title or imptisoned not more than 5 years, or both.) 

CASE NUMBER 

(Do not wrife in this space.) 

' 

.  .  N *  

DD FORM @, NOV 2006 

- 

-1 

PREVlOUS EDITION IS OBSOLETE. 

Page 1 of 4 Pa  es 
FonnRaivlAclobe DsPlpne$l.O 

k~lucrb m H  o ~ P ~ . r o ~ i n / .  P w w  wlsg My D I s C H ~ E  M L D  & l V E  M E  
ww--+H--Zkt~ 
~ P ~ o M ~ x  
Itd  MblATeJES TEME  T n ~ r C t l ~ l

T b % u l ~ n r  IW  APPLY  P n \ / ~ 7 2 ) ~ € s ~ i ~  

A - S - ~ W ~ E  

.

 

YOU ~od+-=g&  r +  
I  NSGhm &a 

.---- 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

NAVY AND MARINE CORPS 

N a ~ l  Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant (CG-122) 
2100 Second Street. S.W.  Room 5500 
Washington, DC  20593 

I 

I 

I 

I 

I 

ARMY 

Amy Review Boards AgenCy 
Support DMsion, St. Louis. 
9700 Page Avenue 
S t  LOUIS. MO  631 32-5200 
(See http:llarba.army.pe+gon.mil) 

. . 

AIR FORCE' 

Air Force Review Boards Agency 
SAFlMRBR 
550-C Street West, Suite 40 
Randolph AFB, TX  781 50-4742 

. 

, 

I 

I 

I 

DD FORM 293, NOV 2006 

I 
Page 2 of 4Pages 

OHlO AIR NATIONAL GUARD 
123RD AIR CONTROL SQUADRON (CRE) 

I om9 MCKtNLEY ROAD 

BLUE ASH ANG STATION, C I N C I N W ,  OHlO 45242-3797 

MEMORANDUM FOG 

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

FROM:  123 ACS/CC 

BLUE ASH ANG STATION 
10649 MCKlNLEY RD 
CMCMNATI, OH 45242-3 797 

SUBJECT: Notification Letter, Non-Board Eligibla 

7 April 2003 

1. 

I am recommending your discharge &om the Ohio +4ir National Guard and as a Reserve in t&e  United Statcs Air 
Force for Unsatisfactory Perfonmace, accordiug to AFI  36-3209, under the provisions of para 3.18.6, Copies 
of the documents to be fomarded to the separation authority to support this recornmendotion are in attachment 
1 .   Verification of attachment 1  can be accomplished by reviewing your training records in the Education and 
Training office. 

2.  My reasons for this action are your failure to attain required job skill proficiency: 

. 

3.  This action could result in your separation witb a Ganeml Discharge.  I am recommending you receive a gcncrd 

discharge.  The Adjutant General of Ohio as discharge authority will make the final decision m this matter. If 
you are discharged, you will be ineligible for recnlistmcnt in the Ohio Air National Guard and will probably bc 
denied enlistment in any component of the h c d  Forces.  If you received advanced education assistance 
moneys or special pay or bonuses you may be required to repay the US for these moneys under the authority 10 
U.S,C., Section 2005) 

4.  You have the  right to: 

I 

a.  Consult legal  counsel. 
b.  Submit statements in your own behalf. 
G .   Waive your above rights. 

-----------------. 

5.  Military legal counsel, 

available to assist you. I&&d yfiiisifiointed  counsel, you may have anothw, if the lawyer you request is in 
the active military service andis reasonable available as determined ~woording to MI 51-201. In additlod to 
military counscl, you have the righr to eempIoy civilian counsel.  The Air Force does not pay expenses incident 
to the employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

: Lt Col, 178 PWfJACr, Phone (614)  462-5420 or DSN 346-2206, is 

6. Confer with your counsel and reply in writing, within 30 days from the date of this letter, specifying the rights 

you choose to exercise (see attachment 3).  The statement must be signed  The appropriate authority will 
consider granting an extension of tho time to reply if additional time is needed by respondent or wunsel. 
Rcspondent.or counsel must submit a written request for such delay, stating the reasons and how much rime is 
needed,  The decision whether to grant the additional time is discretionary withthe appropriate authority. 

7.  Any personal information you fimish in rebuttal is covered by the Privacy Act of 1974.  A copy of AFI 36. 

3209 is available for your use in the 123 ACS Orderly Room. 

8,  Execute the attached acknowledgment and return it to me within 24 hours after receipt of this letter of 

notification and attachments.  (Attachment 2) 

9.  Within30 days after receipt of this letter, return the enclosed Statement of Sslocrion of Options to  123 ACSICC, 
,  Blue Ash ANG Station, 10649 McKinley Road, Cincinnati, Ohio 45242-3797. Failure to acknowledgcreceipt 
'  within 24 hours to respond concerning selection of options within 30 days after receipt of this letter, or to 
-  ................................. 
request an extension ofthis time limit constituses a waiver o 2 u r  rights and options as described in the 
paragraphs 4 and 6 above. 

.------------------------------------------------- 

Air Control Squadron Commander 

3 Attachments 
1.  Supporting Documentation 
2.  Airman's Acknowlcdgmcnt 
3.  Airman's Statement of Selection of Options