AFI. Number: Changes Note: AFI_AFGM Link to Policy : Find the most up-to-date version of AFI at Engineering SUBJECT: Air Force Guidance Memorandum (AFGM) to AFI , .. NOTE: Reference AFI , Administrative Separation of Airmen.
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Notification Procedure Discharges First Steps: Notification of Discharge and Acknowledgment of Rights In most services, the first formal step in the discharge process is notification of servicemembers, though notification follows command recommendation in the Air Force.
AFI 36-3208 Administrative Separation Of Airmen
The members, generally through their JAG, and the command may make an agreement in which members waive the previously-demanded board on the condition that they be given a more favorable character of discharge.
It is worth noting that, while the regulations require a ari deal of specificity in notifications, the sample forms in the regulations often encourage generalization.
Involuntary administrative discharges are used to get rid of problem soldiers with a minimum of effort, avoiding costly benefits and masking the true numbers of those injured and made ill by the current wars.
Some servicemembers hope that nonjudicial punishment or court-martial can be avoided by admin discharge, or vice versa. This is not to suggest that counselors should second-guess experienced attorneys or give legal advice. It is a battle to keep out anything that can be connected to the service member. For personality disorder discharges, for example, see ARSec.
Other psychiatric or medical problems or family hardships can also be presented to mitigate misconduct and explain inattention to duties or difficulty in carrying them out. If these efforts are not successful, and the separation authority authorizes discharge, servicemembers usually are discharged within ten days. Failure to follow the requirements of the regulations may be significant enough, individually or taken together, to render discharges improper.
As the result of a recent change to DoD The National Defense Authorization Act has added a new level of review of involuntary discharges where servicemembers who have made a sexual assault complaint within the previous year allege that the discharge is retaliatory. This is particularly true when members who performed well under the stress of training and combat suddenly experience problems in the more relaxed atmosphere of their home bases.
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Any conduct within the current period of enlistment is subject to discharge proceedings during that period, so that a command may defer action until after a deployment or operation, or until after a war. 36-32208 choices should be reviewed with counsel, since failure to object to improprieties may in some cases be treated as a waiver on review.
Most concealment involving prior criminal activity, medical conditions or treatment, or educational level results in a General discharge at the worst, so that the Notification Procedure is used.
These waivers should only be done in writing, and use of counsel may avoid accidental waiver without any benefit. Where representation by counsel is available, as in Administrative Discharge Board Proceedings, use of civilian counsel does not waive the right to military counsel. They may be told that challenging the discharge will force the command to refer the case to court-martial, with Leavenworth looming in the background, or that it will result in a worse character of discharge than the one recommended.
Representing Servicemembers in Involuntary Discharge Proceedings | The Military Law Task Force
Boards are an uphill battle and most boards do 36-3028 favor the client. A member who requests voluntary separation under any of the provisions in Chapter 2 or Chapter 3 of this directive, except when member has been denied reenlistment or continuation on AD.
Now he faces involuntary discharge proceedings for misconduct. The Air Force requires a second opinion and Surgeon General review for all airmen who are serving or have served in a hazardous duty pay area, without the month limitation. Debbage Alexander, Chapter Auths. They may hear that demanding their rights will extend afk time of discharge processing by many months.
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But requests for further assistance from JAGs may meet with success if respondents ask, and if they can point to real issues, such as an incorrect medical diagnosis or a flawed Article 15 proceedings, which warrant a strong response. On the contrary, lay witnesses can often give detailed descriptions of symptoms that fit other diagnostic categories and do not usually appear in particular personality disorders, adjustment disorders, etc. The one rule of evidence that is applied at ADB is relevance.
If a member wants IMC and civilian counsel, it is often wise to wait until IMC is appointed before mentioning civilian counsel. For many soldiers and sailors, drug rehabilitation, if offered, is simply a prelude to discharge. Counseling does not mean therapy or assistance in understanding problems. Despite regulations claiming to expand the rights of those who make complaints, 30 military and civilian studies have shown that women in the service fear they will face career-altering reprisals if they report sexual attacks or harassment; studies and the experience of civilian attorneys and counselors show that these fears are well grounded.
The Marine goes out, gets drunk and goes UA for a week. The counseling and rehabilitation requirements described in Part One of this memo normally apply only in the case of minor infractions or a pattern of misconduct,and even here the rehabilitation requirement may be waived.