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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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NA:l1E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

fhl0J9)8,tp:;ijj '.i[i  NAME OF COUNSEL AND OR ORGAl'ilZATIO
YES	No
x

AlC
X	RECORD  REVIEW
ADDRESS A. D OR ORGA...•Il.ATJON OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x

x x x
x
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ISSUES	A94.03	Il'iOEX Nt;MBER
A94.05

A49.00

I	ORDER APPOINTING 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 SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE

HEARlNG DATE	CASE NUMBER

24 Nov 2004	FD-2004-00287

Case head at Washington, D.C.

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.

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

SECRETARY OFTH.E AIR FORCE PERSOl"il'iEL COL'NCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDRE'W'S 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 N UMBER

FD-2004-00287	

GENERAL:  The applicant appeals for change of reason and authority for the 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:  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:

The applicant received an Honorable discharge for unsatisfactory performance. The records reflect member received a Record of Individual Counseling for a missed appointment and a Letter of Reprimand for disrespect to an NCO and disregard for government property.

Issue I . Applicant requests that the reason (unsatisfactory performance) for his discharge be changed to "Failure to progress in OJT" or "For the Convenience of the Government."  Applicant concludes that he should not be labeled with "Unsatisfactory Performance."  The DRB opined that the reason for discharge was Unsatisfactory Performance which is in accordance with AFI 36-3208, paragraph 5.26.3, Failure to    progress in on-the-job training (OJT).  This reason would include individuals who fail to upgrade in a timely manner or as is in his case failed to pass the Career Development Course (CDC) 2Wl 3IF exam and failed the CDC exam twice.  An involuntary discharge for the Convenience of the Government would only be appropriate when discharge would serve the best interests of the Air Force and the discharge for cause is not warranted.  The Board concluded the reason for the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant noted his desire to return to military service.  While the Board commends the applicant on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a basis that warrants a change ofreason and authority or 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