AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
“T
TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
eS ON ey
MEMBER SICTNG HON GEN UOTHC OTHER DENY
Xx
x
x
)
ISSUES A94.06 INDEX NUMBER A49.00 ,
A94.56 ORDER APPOINTING THE BOARD
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
[TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
23 Jun 2011 FD-2009-00539

   
    

SUE AND THE Bi JONAL RATIONALE.

Case heard in Washington, D.C.

Advise applicant of the decision of the Board.

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

 

          
    
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00539

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

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

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.

FINDING: The Board grants the requested relief to upgrade discharge to honorable.

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

ISSUE:

Applicant contends discharge was inequitable because he was discharged for failure to progress in training
and he was later diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) that would have affected
his performance. The records indicated the applicant was discharged for unsatisfactory performance: failute
to progress in on-the-job training, and had been withdrawn from his Air Force specialty for failure to obtain
rating. The board reviewed the entire record, to include the training records in detail. The applicant’s
records reflect excellent performance on training testing material, but reflect extensive inability to
comprehend and apply the training in simulator/real work conditions. The DRB found that a correlation
between the member having ADHD and his difficulties in training progression could be made. Therefore,
the board opined that while the discharge was within the discretion of the discharge authority and the
applicant was provided full administrative due process, the characterization of the discharge was too harsh
and inequitable.

CONCLUSION: 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 the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge.

Attachment:
Examiner's Brief
OMB No. 0704-0004
OMB approval expires

 
 
   
  

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

= : burden for this collection of information is esiimated to average 30 minutes per response, ding the time for reviewing Instructions, Searching existing dala sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shail be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB contro! number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

   
      

  

             

   
   
     
    
   
 

AUTHORITY: 10 U.S.C. 1553; £.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military 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 Social

Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

b. NAME (Last. First. Middle Initial) c, GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

 
       
   

   

 

   
 

 

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward > NUMBER (include Area Code)

notification of anv channe in acicirass )

   

|
| h. FAX NUMBER (Include Area Code)

a

4, DISCHARGE CHARACTERIZATION RECEIVED (xX one) 5. BOARD ACTION REQUESTED (x one)
|_| HONORABLE CHANGE TO HONORABLE a
| GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER

UNDER OTHER THAN H RABLE CONDITIONS HENORAELE CONBITONS
|_| UNDER OTHER THAN HONORABLE CONDITIONS __ |-_ 1 Sane oprenra NOTE RIZED
( ma BAD CONDUCT (Special court-martial only) (Not applicable for Air Force}
OR SEPARATION | UNCHARACTERIZED S SEPARATIONS VE REASON FOR

Seveeek Sion ARB NC fermen

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

gecuestily HONORABLE S&S ¢ MAY HAVE AtcESS TH MY MGI Bice, / WAS DiscHAkgep
Due 7 FAwuze mH PekForrt MY DuTZ, LATER T? BE Found was DvE TO MedicAr

CovDITionsS,

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
8. IN SUPPORT OF THIS APPLICATION, THE. FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14,
if military documents or medical records are relevant to your case, please send capies.) / :

LETTER FRom Cunic, Ine. PaTED Now S 2008

2. DATE OF DISCHARGE OR SEPARATION

(YYYYMMDD) (If date is more than 15 years
ago, submit a OD Form 149)

2007 12/9
3, UNIT AND LOCATION AT DISCHARGE

    

X

    
 
  

  
        
 
  
 
   
    

   
    
   
  

 

   
     
  

9. TYPE OF REVIEW REQUESTED (x one)
~X CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

 

SUBMITTED BY ME. } AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a, COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle initial) AND ADDRESS | Bb. PHONE NUMBER (include Area Code

(See Item 10 of the instructions about counsel/representative.)
ee
pe aN en nauae? ude vee er

11. 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 signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below. :

|_| SPOUSE | | wibow r WIDOWER | | NEXT OF KIN r | LEGAL REPRESENTATIVE |_| OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

7004 / 0% /oe

 
    
  
  
 

 

  

 

 
   
     

 
   
 
  
  
 

   
   
   
  

CASE NUMBER
(Do not write in this space.)

FA) -Gw9-00

 
 
   
 

   
 

 
 
 
 
  

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)

 

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

Pee Mn A dob Menten A
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last. First. Ml): DOCKET # COMPONENT:
FD-2009-00539 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: | APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL SEYMOUR JOHNSON AFB, | 19 DEC 07 HONORABLE

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
12 JUL 80 25 27 A1c Aic 13 DEC 05 NONE

AFSC: 9A200 - ENL AWAITING DISCHARGE, DEP DT: ASVAB SCORES:
SEPARATION, RETIREMENT WITHIN 28 JUL 05
CONTROL

D. ART 15 / VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE NONE GCM: NONE NONE

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
13 DEC 05 - 12 AUG 07 SEYMOUR JOHNSON 2 (INITIAL) REFERRAL

G. AWARDS & DECS: NDSM, GWOTSM, SAEh. sR (RIFLE). AFTR

EAD: 13 DEC 05 DAS: 02 JUN. 06 BO fe Be TMs: 3 YRS 4 MOS 2. DAS” TAMS: 2 YRS 0 MOS 7 DAS

APPLN (DD FORM 293) DTD: | DT/INITIALS: TNPAIPA: NPA > BOARD REGION:
06 AUG 09 24MAR11/CM_ . —
RECORDS: [MPR:NO | ARMS: YES STR: YES | ISSUES: YES ATTACHMENTS: YES _

AUTH FOR DISCHARGE : AFI 36 - 3208, PARA 5.26.3 (UNSATISFACTORY PERFORMANCE: FAILURE TO PROGRESS IN OJT)

ART 15; VAC; SCM; SPMC, GCM; ADDITIONAL:

EXAMINER'S NOTE: NO LEGAL REVIEW. IN DISCHARGE PKG. NOTIFICATION MEMORANDUM DATED 06 DEC 07, PARA 2
CITES REASON FOR. DISCHARGE AS: _"INABY ITY To RETAIN, COMPREHEND AND APPLY AIR TRAFFIC PRODECURES AND

DIRECTIVE.

 

©SAF/MRBR V10709
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

  
 
    

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

   
   

  

    
 

  

6 public reporting burden Tor tis collection of information is estimated to average 30 minutes per response, including the time Tor reviewing instructions, searching existing dala Sources, gathering anc

maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including

suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
erson shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM

Fo THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

 
   
      
   
   
 

AUTHORITY: 10 U.S.C. 1553; E.0. 9397. ;
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military 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 Social

Security Number is strictly to assure proper identification of the individual and appropriate records.
4. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (Xone) | [ARMY |  |MARINECORPS | [NAVY [><] AIRFORCE | | COAST GUARD

b. NAME (Last. First. Middle Initial) c. GRADE/RANK AT DISCHARGE d SOCIAI SFCURITY NUMBER

E-3 / Alc

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward
notification of anv chanae in address.)

    
    
 
 

 
  
 

    
     

 

NEN Or AIG VUNG

  
      

NaN pe errrseraes Pry Fr ey

4. DISCHARGE CHARACTERIZATION RECEIVED (x one)| 5. BOARD ACTION REQUESTED (x one)
cacao) trate mg tban tsyeas | TwonoRaBLE DR
ago, submit a DD Form 149) | HONORABLE I<] CHANGE TO HONORABLE
; P< | GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
2007 1219 SER THA 3 HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITION CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)
| TA KTIVE REASON EOR

3. UNIT AND LOCATION AT DISCHARGE a BAD CONDUCT (Special court-martial only)

 

  

2. DATE OF DISCHARGE OR SEPARATION

    
    

 

AN ST?

SEPARATION:

   

OR SEPARATION UNCHARACTERIZED

ini acceler da

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

Request HoNo@ABLE So ¢ mAY HAVE AcewSS TE MY MGI Bice, / WAS DISCHARGED
Due 7 FAewvee To PeRFoRrt My DuT7, caATER To BE Fould was Due TR Meoicar

CovDdDITIONS,
| 7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)

       
 

      
  

   
 
 

    
 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE. FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 14.
if military documents or medical records are relevant to your case, please send copies.) / ,

LETTER FRom Cunic, Ine. PaTEO Nos S 2ooZ

 

9. TYPE OF REVIEW REQUESTED (x one)
C| CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
E SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD. .

 

   

| AND/OR (counsel/representative}) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRES
(See Iter 10 of the instructions about counsel/representative.)

     
 

 

   
 
 

     
 
  
 

/e ee meee |

71. APPLICANT MUST SIGN IN ITEM 12.4. 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 signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

|| spouse [~ | wipow | |winower [| NEXTOFKIN| | LEGAL REPRESENTATIVE |__| OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

(Do not write in this space.)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)

q004 /0% /ob F) -ow4 (091

DD FORM 293. NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

     
  
   
  
 

  

  
    
   
 

CASE NUMBER

 
  
 
  

   
   

 
  
 

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)
DEPARTMENT OF THE AIR FORCE

4th FIGHTER WING (ACC) |
SEYMOUR JOHNSON AIR FORCE BASE NC

 

b pic. BF

MEMORANDUM FOR ,40SS
FROM: 40SS/CC

SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for Unsatisfactory
Performance: Failure to Progress in On-the-Job-Training (OJT). The authority for this action is
AFPD 36-32.and AFI 36-3208, paragraph 5.26.3. If my recommendation is approved, your service
will be characterized as Honorable or Under, Honorable Conditions (General). 1 am recommending
that your service be characterized as Under Honorable Conditions (General).

2. My reasons for this action are: On or about 3 July 2007, your ATC certificate was suspended
after you were placed into stop training status by the RAPCON Chief Controller on 25 May 2007.
The training problems encountered during North Radar Approach Assist and subsequent failure to
obtain the position rating warranted this action. On or about 24 July 2007,

then the 4th Operations Support Squadron Commander, withdrew you from your AFSC for failure
to obtain a rating, as documented in a Memorandum for 4 MSS/DPMAE and HQ ACC/A3A0,
dated 5 July 2007 (attachment 1a, page 1); and in AF IMT 2096, dated 24 July 2007 (attachment

la, page 9). Your “failure to obtain,” was documented by Airfield
Operations Flight Commander in a Memorandum to HQ ACC/A3AO, dated 11 June 2007
(atlachment la, pages 3-4). In the memorandum, gives a-synopsis for your training

history between 6 March 2007 and 24 May 2007. He states your inability to see the “big picture”
while in a control situation led to numerous repeat mistakes and aircraft conflicts, which could have
been resolved and or prevented by a higher level of situational awareness and proper management
of the Controller Assist Position. Your “failure to obtain” is also documented in a Memorandum
by Air Traffic Control Watch Supervisor, dated 15 June 2007 (attachment
la, page 5). He states you had shown extensive difficulty with the training process, consistently
demonstrating an inability to retain, comprehend, and apply Air Traffic procedures and directives.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising-SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the United States 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. The separation authority will make the findings and recommendations
required under 10 U.S.C. Section 2005(g).

3. You have the right to consult counsel... Miltary legal ennngel has been obtained to assist you. |

have made_an appointment for you to consul at ABC ,on EC.
at_I50 oO hours. You may consult civilian coun$el at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by {i werd 4 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

5. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitule a waiver of your right to do so.

6. You have been scheduled for a medical examination. You must report to FLI Heys on

}0 Dee O7, at OR 40 hours for the examination:

_ 7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974, A copy
of AF] 36-3208 is available for your use at Area Defense Counsel's Office or Orderly Room.

8. You have been scheduled for mandatory Transition Assistance Program (TAPs) counseling on

\o D4. a 2007 at 1O00 hours. You must report to building 3602 for your TAPs

counseling.

9, Exceute the attached acknowledgment and return it to me immediately.

USAF
Commander

Attachments:
1. Supporting Documents
Memorandum from with attachments (88 pages)
2. Additional Supporting Document
a. AF Form 623a sub (controller performance evaluation) (201 pages)
b. Letter of Counseling, dated 25 August 2006 (3 pages)
c. Letter of Counseling, dated 24 October 2006 (3 pages)
d. Letter of Reprimand, dated 2 December 2006 (3 pages)
e, Letter of Reprimand with attachment, dated 30 May 2007 (4 pages)
3. Airman’s Receipt of Notification Memorandum
4. Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or
Bonuses
5. EPR/Referral Memorandum