AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AMN	·:------------------ .:
-----------------J

TYPE  GEN	I	PERSONAL A PPEARANCE	x	I	RECORD  REVIEW

COUNSEL
1----.----l
YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  tW COUNSF.L

VOTE OF THE BOARD
,..·--··-- ------------!

MEMBER SITTING

llON

x
x

GEN

UOTHC

OTHER

DENY

x x x

ISS\IES

A94.03 A94.05

INDEX N\IMBER

A49.00

EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING Tl IE ROAR D

2	APPLICATION FOR R EVIEW OF DISCllARGE
3	LETTER OF NOTIFICATION
4		BRI EF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TI ME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NlTMBER

22 Mar 2007	FD-2006-00333
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD llbCISIONAI, UA T!ONALE

Case heard in 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

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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVI EW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00333	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

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:   Upgrade of discharge is denied.
The  Board  finds  that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an i nequity or impropriety that would justify a change of discharge.

ISSUE:

Applicant contends that he was treated unfairly in regards to the lack of instruction he received in preparing for his Career Development Course (CDC) exams.  The record indicates that the applicant failed h is CDC end-of-course exam, twice.  In addition, the applicant received two Letters of Reprimand (failure to go) and an Article 15 for negligently failing to successfully progress in CDC program.  The record did indicate that on the first fai led CDC the supervisor involvement with the applicant's training was limited, but on his
second failure the record indicates that proper intervention from the unit was provided.  The Board noted that a common observation was. made regarding the applicant's attitude toward studying--lacked motivation and procrastination.   In the commander's review, the commander stated that the applicant's supervisory chain ranked his performance as low and did not put forth any additional effort during his off-duty.  He (the commander) noted that the applicant received a marginal on physical fitness assessment and failed a training qualification.  The Board noted that the Article 15 for negligentl y failing to successfully progress in CDC program was harsh considering the applicant failed his CDC exam over 30 days prior to receiving the Article
15. Although the Articl e 15 was found to be too harsh, the applicant's misconduct offset any positive aspects of his duty performance.  Therefore the Board found the characterization of the discharge received by the applicant to be appropriate.

CONCL USIONS:  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.

However, the Board does recommend that if the applicant can provide additional documented information to substantiate his issue, he should consider exercising his  right to make a personal appearance  before  the Board. If he should choose to exercise his right to a personal  appearance hearing, the applicant should be prepared to provide any factual evidence, exemplary post-service accomplishments as welt as contributions made in the community.

Attachment: Examiner's Brief