AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS

AND OR ORGANIZATION OF COUNSEL

x

MEMBERS SITTING	HON	GEN

DENY
x x x x x

ISSUES	NUMBER
A94.05	A49.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

lll:ARING DATE
7 JAN 03

CASE NUMBER
FD2002-0334

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

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REMARKS
Case heard at Washington, D.C.

TAPE RECORDING OF PERSONAL APPERANCE HEARfNG
AIR FORCE DISCHA!WEl!l!VIEW B9Al!Jrtl6C!SlONAL M110NALE.

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.

TO:

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

DATE: 7 JAN 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3R1> 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

FD02-0334	

GENERAL:  The applicant appeals for a Change in Reason and Authority for Discharge, and to change the
RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

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

FINDINGS:  Change in Reason and Authority for Discharge along with a change in the RE Code is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUE: Applicant feels like the separation and reentry code should be changed. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base a change in reason and authority for discharge, or to change the RE Code. The records indicated the applicant received an Article 15 for  failure to go and failed his CDC Course exam twice and was  honorable  discharged. Airmen are subject to discharge for unsatisfactory performance based on documented failure to meet Air Force standards. Failure to progress in on-the-job training is one example of how an airman may fail to meet standards, and failing twice to achieve a passing mark on the CDC exam  constitutes  failure  to progress. The Board concluded that the characterization, reason and authority of the applicant's discharge were appropriate due to the CDC failures.

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 change in reason and authority for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief