AIR FOllCE  DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE	RECORD REVIEW
AllDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON
x x x

I ISSUES

AOI.00 A94.03 A94.05

INDEX NUMBER

A49.00

1   ORDER APPOINTI NG THE BOARD
2  APPLICATION FOR REVIEW Ol' DISCHARGE
, 3   LEHER OF NOTIFICATION
•	4  HRJEF OF PERSONNEL f!LE
COUNSf L'S RELEASE TO THE BOAR[)
ADDITIONAL EXHIBITS SUBMITl'ED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDl NG OF PERSONAL APPEARANCE HEARJNG

HEARING DATE	CASE NUMBER

13 May 2010	FD-2009-00085

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 A FBCM R.

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

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB. TX 781

SECRETARY OF THE AIR t"O!<CE  PERSONNEL CUUNClL AIR FORCE DISCHARGE  REVIEW l!OARD
lSJS COMMAND	EE WING, JRP FLOOR

AFHQ FORM 0-2077, JAN 00	(EFV2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00085	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record.

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

FINDING:	Board denies the upgrade of the discharge.

The  Board  finds that  neither the evidence of record  nor that  provided  by the appl icant substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The record indicates the applicant was discharged for unsatisfactory performance. The applicant failed his first CDC End of Course Test (EOC) with a score of 60% on 3 April 1996. The applicant was informed of his failing score on
April 1996. On or about 30 April 1996 the applicant elected to decline the EOC retest and was made fully aware that he would be discharged from the United States Air Force for failure to progress in upgrade training. The applicant submitted letters and perfcirmance feedback from his former co-workers attesting to his dependability and "can do" attitude. No inequity or impropriety in his discharge was found in the course of the records review. The Board concluded the character of the discharge was appropriate.

Issue	The applicant cited his desire to receive G.l. Bill benefits as a justification for upgrade. The Board was sympathetic of the loss of these benefits, but this is not a matter of equity or propriety that would wanant an upgrade.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was withi n the discretion of the discharge authority and the applicant was provided full administrative due process.

In view of the fbregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief