AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INmAL)

•GRADE

AFSN/SSAN
un 11ur

PERSONAL  APPEARANCE

X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

x x x x

ISSUES
A94.03

4	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	

INDEX NUMBER
A49.00

HEARING DATE
28 MAR 03

MBER
FD2002-0454

RKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

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

AFHQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 31\D FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0454	

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 contends that his discharge was inequitable because it  was  based  on  one  isolated incident (failure to pass a CDC) in 24 months of service with no other adverse action. 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 indicate the applicant was discharged, Honorably, for Unsatisfactory Performance, failure to progress in On-The-Job Training. Unfortunately, the applicant failed his CDC Course twice, which is cause for separation. The record also indicates that the member was afforded every opportunity to progress by given extra study time, attending mandatory supervised study and by reviewing the materials one hour each evening at home. After the first failure, he was given a minimum of two hours each morning to further study and review the materials and there was no appearance of poor reading comprehension. The score on the second test was lower than the first test score. The Board concluded that the characterization, reason and authority of the applicant's discharge were appropriate due to the unsatisfactory academic performance.

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