AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

TIAL)

GRADE

AFSN/SSAN

1YPE HON	PERSONAL  APPEARANCE	

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS t\ND OR 0RGANI7..ATlON Of CO\JNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A93.03

lNDEX NUMBER

A49.00

1	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 APPEAR.\NCE

HEARING DATE	CASE NUMBER

03 Mar 2005	FD-2004-00399

Case heard 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.

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

TO:

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

FROM:

SECRETARY OF THE AJR FORCE PERSONNEL COUNOL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 207fi2-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

-	--------------------

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE

CASE NUMBER

FD-2004-00399

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

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

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

FINDINGS:  The Board disapproves the request to change the reason and authority for the discharge.

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 appealed to change the reason and authority of his discharge to reflect his learning

disability.	The

records indicated that the applicant received an Honorable discharge for Unsatisfactory

Performance-

Failure to Progress in On-the-Job training (OJI).  The information provided by the applicant

and contained in his records was carefully reviewed by the DRB.	The DRB opined that the reason for

discharge was

Unsatisfactory Performance, which is in accordance with AF! 36-3208, paragraph 5.26.3,

Failure to Progress in On-the-Job training.  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) and failed the CDC
exam twice. The Board concluded the reason for the discharge received by the applicant was found to be appropriate.

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