Advise applicant of llie decision  of the Board, the right to a pcrsonal appearance withlwithout  counsel, and the right to submit an 
application to the AFBCMK. 

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

X - Upgrade of discharge, change of reason and authority, and change of reenlistment code are denied. 

550 C STWET WEST, SLllTE 40 
RANUOI.I'I  I AkH.  I X  78150-4742 

AIR FORCE DlSCllARCE REVIEW BOARD 
1535 COMMAND  OR, EE WINC.,3RD rLOOR 
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-200,-00049 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change reason for 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:  Upgrade  of  discharge,  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 contends he had problems with the language but has improved his English.  He admits he made 
some mistakes but learned his lesson.  Applicant has expressed a desire for upgrade so that he may reenlist 
into the armed forces.  The record indicates the applicant received a General discharge for Unsatisfactory 
Performance.  He received two AETC  173s for failing Services Apprentice course Block 111 test, two Article 
15s for providing alcoholic beverages to minors and resisting apprehension and an AETC  125A for removal 
from training.  The records indicated the applicant was given 1.5 hours of specialized individual assistance 
and other numerous opportunities but still failed to satisfactorily progress,  He had also been reclassified into 
Services Apprentice because of academic problems.  After a review of the records, the Board found no clear 
evidence of inequity or impropriety on which to base a decision to change the characterization, reason for 
discharge and reenlistment code, 

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 AB)  (HGH  A1Cl 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Lackland AFB, TX on 7 
Dec 06 UP AFI 36-3208, para 5.26.1 (unsatisfactory Duty Performance).  Appeals 
for Honorable Discharge, Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 5  Feb 79.  Enlmt Age: 26 1/12.  Disch Age: 27 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-49,  E-80,  (3-36, M-33. PAFSC: 3MOll -  Services Helper. 
DAS: 30 Jul 06. 

b.  Prior Sv: (1) AFRes 31 Mar 05 -  28 Nov 05  (7 months 28 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 29 Nov 05 for 4 yrs. Svd: 01 Yrs 00 Mo 09 Das, all AMS. 

b.  Grade Status:  AB -  17 Oct 06  (Article 15, 17 Oct 06) 

A m  -  30 Mar 06  (Article 15, 30 Mar 06) 

c.  Time Lost:  None. 

I 

I 
I 
1 

d.  Art 15,s:  (1) 17 Oct 06, Lackland AFB, TX -  Article 92.  You, who 

knew or should have known of your duties at or near San 
Antonio, Texas, on or about 16 Sep 06, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from providing alcohol to minors who 
were under the legal age of 21, as it was your duty to 
do.  Reduction to AB, forfeiture of $200.00 pay per 
month for 2 months.  Reprimand. (No appeal)  (No 
mitigation) 

(2) 30 Mar 06, Keesler AFB, TX -  Article 92.  You, who knew 
or should have known of your duties, on or about 24 Feb 
06, were derelict in the performance of those duties in 
that you negligently failed to refrain from providing 
alcoholic beverages to a minor, as it was your duty to 
do.  Article 95.  You, did, on o~--a&~y&-2$-hb-g$ 
resist: being apprehende4 by A1C I ----------------------------  i  a 
security forces member, a person authorized to apprehend 
you.  Reduction to Airman.  Suspended forfeiture of 
$713.00 pay.  (Appeal/Denied) (No mitigation) 

-,-. 

e.  Additional: AETC 125A, 16 NOV 06 -  Removed from training. 

AETC 173, 16 AUG 06 -  Failed Block I11 test for the second 

..-. - . 

time . 

AETC 173, 1 4   AUG 06 -  Failed  Block 111 test. 

f .   CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (08) Mos  (07) Das 
TAMS:  (01) Yrs  (00) MOS  (09) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 07 Feb 07. 

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

Discharge) 

Issue 1:  I really want you to please reconsider my discharge because I want 

to join the Armed Forces again.  1 was in the Air Force and I failed the F-16 
Tech School and they send (sic) me to Services and I failed again.  I had 
problems with the language but now I improve  (sic) my English.  1 made some 
mistakes but I learned my lesson.  I want you to consider change  (sic) my 
discharge because it said for "unsatisfactory duty" and it is suppose to be for 
"Academic Reasons".  The type of discharge doesn't allowed  (sic) me to make my 
dreams come true.  Please I need your help: 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

A I R C W c A l l o M A I * ) ~ -  

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

MEMORANDUM FOR AB i ................................................................. 
FROM:  344 TRS/CC 

SUBJECT; Notification Memorandum 

1.  I am recommending your discharge b m  the Unit4 States Air Force for Unstrwactory Duo 
Pe$ormanc.  Thc basis for this action is AFPD 36-32 and MI 36-3208, paragraph 5.26,l. If 
my rtc0rnmeWon is approved, your service will be &aracterizcd as Under Honorable 
Conditions (Genesal) and you may be ineligible for tieenlistment in the Air Force. 

2.  My masons for this action are: 

a. On 14 Aug 06, you failed your written Block Ill te*  with a score of 63 pencent.  The 

minimum passing score is 70 percent As a result, you were counseled as reflected on the ffiTC 
IMT 173, dated 14 Aug 06. 

b, On 16 Aug 06, you Gled your written Block IJI test,  with a score of 60 percent,  The 

m.h.imulll passing score is 70 percent. As a dt, you were counseled as reflected on the AETC 
IMT 173, datcd 16 Aug 06 and you wtrc eliminated from the course. 

3.  Copies of the documeats to be f o w a d d  to the separation authority in support of this 
r e c o m m ~ o n  are altshed.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will lx discbarged or rctabed in the Air Force. 

4.  You bave the right to consult counsel.  If you wish to comult military counsel, an appoiufment 
will be made upon your request and the date, time, and place will be provided. You may retain 
civilian counsel at your own expenst. 

5.  You have theright to submit stahnents on your own W f .  Any statements you want the 
separation authority to consider must reach me by (3 workdays)  9 9  -f  6 
and receive an extension for good cause shown.  Your stakmmts will bc fo~varded to 
rtq- 
the scpmtion authorityand wiU be madc part of your w e  file that the separation authority will 
d. 

unless you 

6. If you fail to conshilt counsel or to submit statmcnts on 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 rcport to Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 h o w  with your medical, immunization, and dental 
records for the examination, 

8.  Any personal infomation you furnish in rebuttal is c o v d  by the Privay Act of 1974.  A 
copy of AFI 36-3208 is avail* 

for your use in the Unit P-1 

Ofice, 

9.  Execute the attached aclcnowlcdgernent and rchrrn it to me immediately. 

At-tachlmts: 
1.  AETC Form 12S&  16 Nov 06 
2.  Stu&ntTraining Report 
3,  AETC Form  173, dated 14 Aug 06 
4.  AETC  Form 1 73, dated 16 Aug 06 
5.  NFROM3070, dated 17Oct06