AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

lLT

TYPE

x	PERSONAL  APPEARANCE	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES	A94.05

MEMBER SITTING

A49.00

INDEX NUMBER

HON	GEN

UOTilC	OTHER	DENY
x x x x
x

1	ORDING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS   UBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE

19 Oct 2004

CASE NUMBER

FD-2003-00266

Case heard at Travis AFB, CA, via video-teleconference with Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR .

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TO:

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

SECRETARY OF 1HE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
153S COMMAND DR, EE WING, JIID FLOOR ANDREWS AFB, MD 20762-7001

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

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00266	

GENERAL: The applicant appeals to change the reason and authority for the discharge.

The applicant appeared without counsel and testified before the Discharge Review Board (DRB) at Travis AFB, CA, via video-teleconference with Andrews AFB, MD, on October 19, 2004.

The following additional exhibits were submitted at the hearing:

Exhibit 5: Memorandum dated February 11, 2002, fro	95 ABW/CV Exhibit 6: Company Grade Officer Performance Feedback Worksheet dated March 28, 2001

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

FINDINGS: Change of reason and authority for discharge is 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 reason and authority for discharge.

ISSUE: The applicant received an Honorable discharge with the reason being Unsatisfactory Performance and wishes to change the reason to "Release from Active Duty" as it is affecting his civilian employment. He stated that the record did not take into account his more than five years of honorable service and that the incidents for which he was separated encompass only four months and were allegedly the result of one person. The record shows that the applicant received I 0 Memorandums for Record and one Letter of Admonishment for unsatisfactory performance to include disobeying a direct order, two derelictions of duty, failing to comply with instructions, failing to act when squadron members broke rank during a retreat ceremony, failing to display officership, command presence, and perform simple drill and ceremonies, failing to display basic job knowledge, complaining that  a supervisor's feedback was "total bullshit", failing to make timely and accurate changes for a simple change of command event, substandard performance as an officer, and lack of interest and involvement with flight operations. Additionally, the record contained two referral Officer Performance Reports, the last which rated five of the six performance factors as "Does Not Meet Standards", documentation removing him from the Captain's promotion list for lack of improvement and failure to demonstrate knowledge, initiative, leadership, and managerial skills, and documentation showing that he was twice offered the opportunity to show cause for his retention on active duty. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive substandard performance. The Board concluded that his performance was a significant departure from the performance expected of all military members, especially an officer. The Board found no evidence of impropriety or inequity in this case on which to base a change of reason or authority for discharge.

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 ofreason and authority for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief