AIR FORCE  DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAi ,)	GRADE	AFSN/SSAN

-----------------------------------·..	AlC
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:.----------------·:.
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TYPE   HON	X	PERSONAL  APPEARANCE	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	AllDRf.SS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON	GEN
.----------------------------------­

lJOTHC	OTHER	DENY

X+

X+ X+ X+

AOI.14 A94.56

IN1a:x NUMBER

A49.00

X+

1	ORDER APPOINTING THE BOARD

2	APPLICATION FOR REVIEW OF DISCH ARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONN Ei. FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IBITS SllHM ITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

19 Jun 2007	FD-2006-00258
APP	T'S ISSt   ,, 0 TlE OOARO: rlSIONAL AATlONAL Altl:i OlSCllSSED oy Tiii! ATTACHED AIR,
Case heard in Washington, D.C.

L MTIONAJ,R

Advise applicant of the decision of the Board 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/J\IR[lR
550 C STREET WEST, SUITE 40
RANDOIPI I AFB, TX 781 50-4742

F.(RF.TARY OF TllF. AIR FORCE PERSONNEL COUNCIL AIR t'ORCE DISCHARGE REVIEW 80,\Kll
151. 5 COMMAND DR, EE \VING, JRD t'LOOH
ANl>Rt:ws .\FB, Mil l076l·'l00l

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition wi l l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00258	

GENERAL:  The applicant appeals for a change in the reason and authority for his discharge.

.Ih-  pplicant  appeared  and testified  before the Discharge  Review Board  (DRB), with counsel--Mrf·_-_-_-j
- --- -_: from the American Legion, at Andrews AFB on 19 June 2007.  The following witnesses also testified on the applicant's behalf: his mother, Mrs.:·--- --- -- -··:and Mr.:-·------- --- -
------------	-------------
The following additional exhibits were submitted at the hearing: Exhibit #5: American Legion statement with Attachments

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

FINDINGS: Change of reason and authority for the discharge  is granted. The board does not grant the request to change the discharge to a Convenience of the Government discharge, but instead changes the reason to Secretarial Authority.

ISSUE:

Issue 1. The applicant contended his discharge was inequitable because it was too harsh and did not take into account the good things he did while in the service.  The DRB took note of the applicant's duty performance as documented by his performance reports and other documents in his records and concluded that the discharge was inequitable.  The Board found his supervisors' failure to document their assistance of the applicant as he prepared to take his Career Development Course (CDC) exams was substantial evidence to conclude that the applicant's discharge was inequitable and the reason for discharge should be changed from Unsatisfactory Performance to Secretarial Authority.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for change in the
reason for discharge to Convenience of the Government.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on September 8, 1994) that he understood he must serve for at least 36 months and receive an Honorable discharge to receive future educational entitlements.
While he received an Honorable service characterization, he only served for 30 months.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant a change in reason for his discharge.

Issue 3.  The applicant requests that the reason for his discharge be changed to Convenience of the Government.  The applicant asked that he not be labeled with "Unsatisfactory Performance."  Unfortunately for the applicant, the DRB is bound by the Air Force regulations detailing what discharge type is appropriate under what circumstances.  An involuntary discharge for the Convenience of the Government would only be appropriate if the applicant met one of the categories listed for such a discharge.  While the applicant argued that he was discharged because the Air Force decided not to retrain him, it is not one of the categories listed under the Convenience of the Government discharge.  The closest thing to it, governs cases when the  member has insufficient retainability for required retraining.   In the applicant's case, he was not serving overseas at the time of his discharge and he had not served at least 36 months, both of which are  requirements for this category.  In the absence of a more appropriate reason for discharge, the DRB believes the most accurate reason for his discharge from the Air Force is Secretarial Authority.

CONCLUSIONS:	The Discharge  Review Board  concludes that the discharge  was inconsistent  with  the procedural  and  substantive  requirements  of the  discharge  regulation  because  the  applicant  was  unfairly	

discharged prior to being given a fair opportunity to receive assistance in passing his CDCs. The Board concludes that the applicant's reason for discharge is more accurately described by Secretarial Authority. The applicant's reason for the discharge should be changed to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief