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

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TYPE   HON	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
i:'  UNSEL	NAME  OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  Of COUNSEL YES	No
x
,,	VOTE OF TijltBOARD	I

MEMBER SITTING

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HON	GEN	UOTl lC	OTHER	DENY

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SSUES

A95.00

INDEX NUMBER

A49.00

Y' ,	EX: tfllTS SUBMITTED TC!{J1'fl:E flOARD

AOl.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBl1 S SUBMITTED AT TIME OF
-	PERSONAL   APPEARANCE
TAPE RECORDING  OF PERSONAL APPEARA NCE I IE

HEARING DATE	CASE NUMBER

20 Mar 2007	FD-2006-00363
APPLICANT'S ISStll;.	s BOARD'll DC! ,IONF""'"'AL AU nrcUSSl!o ON THE ATIACHED AIR FORCE Dl$CMAROI! RllVl:t:');, ARD ol:lCISJONAL. RATIONALE	.·w
i ,
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.
* Reason and Authority
+ Reenlistment Code

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TO:	FROM:

SAF/MRBR

SECRETARY OF Tm; AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE RllVIF.W BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS Arn, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMBl<:H

FD-2006-00363	

GENERAL:  The applicant appeals to change the reason and authority for 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:  Request for change of reason and authority for discharge and change of reenlistment code arc denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Applicant requests that the reason (unsatisfactory performance) for his discharge be changed to "f ailure to progress in OJT' or "f or the Convenience of the Government."  Applicant concludes that he should not be labeled with "Unsatisfactory Performance" and has expressed a desire to reenlist into the armed forces.  The ORB 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 timel y manner or as is in his case failed to pass the Career Development Course (CDC) exam on two separate occasions.  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.

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