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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Adjustment disorders are considered relatively minor psychological reactions to new and difficult situations, such as a change in duty assignments, divorce, or adjusting to military life. The members will follow the script to the letter in most cases. Not all attorneys are experienced and comfortable with non-attorney advocates, and in some cases involving a counselor, civilian counsel and counselor must spend some time convincing the JAG to relax. Many JAGs assume that they should simply advise, or perhaps review materials prepared by the member.
While selective prosecution cannot be argued easily in any military case, evidence that a respondent was the first and only person in ten 3-63208 to be written up or counseled for some common minor infraction may be used to show discrimination afl simply unfair treatment. It is extremely common for complainants to experience involuntary psychiatric evaluations, lowered performance evaluations, and disciplinary action for minor offenses normally tolerated by the command.
Make a record of voir dire. His frustration, poor attitude and a few small disciplinary problems, combined with his admission of ADD as a child, also result in a diagnosis of 36-3028 personality disorder or adjustment disorder. Be a vigorous advocate. Retaliation is often harder aafi prove than the assault, since it may involve non-judicial punishment for collateral misconduct such as drinking in the barracks before an assaultadi evaluations of intangible matters like management skills in a performance evaluation.
A member who declines training for a new skill as a precondition to reenlistment or continuation on AD. The reasons may include one or more of these: 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.
Conviction by civilian afl or action taken that is tantamount to a agi of guilty, including similar adjudications in juvenile proceedings and the following conditions are present: Under current regulations, a significant level of review is required for many personality disorder discharges.
afi – – Content Results
Its central right, a board hearing, is also available to members with six or more years of service and, in the Air Force, to noncommissioned officers. Some of these categories are, in turn, processed under others of the categories. Fai 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. The separation 363208 must findthat the allegations on which the proposed discharge is based are supported by a preponderance of the evidence.
Brainstorming with clients often leads to useful evidence of this sort — evidence which might create embarrassing problems for commands if shown to the separation authority or revealed in discharge review or litigation. The member is on active duty AD and has completed at least 6 years, but fewer than 20 years of active service; active service does not have to be continuous.
It is worth noting that, while the regulations require a good deal of specificity in notifications, the sample forms in the regulations often encourage generalization.
You must know the regulations cold. The Manual is currently out of print. In some cases, however, they can help clients sort out the facts and consider the prosand cons of a suggestion from the JAG, or point out issues to the attorney with which he or she may not have experience.
Counseling does not mean therapy or assistance in understanding problems. 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.
Your client afo have an opportunity to make a sworn statement, or an unsworn statement that is not subject to cross-examination. A young man enlists in the Marines during high school on promises of valuable training as a mechanic. Denial of benefits for this reason can be appealed agi the VA system.
For personality disorder discharges, for example, see ARSec.
The DoD Instruction provides the main descriptions, though there are some service variations. Discharge documents showing OTH characterization, or stating that the reason for discharge was a personality disorder or misconduct, create significant employment problems. You cannot afford to prejudice your client by demonstrating a dislike of the military institution.
Soldiers and sailors know little about the regulations, and are not encouraged to read or use them. Judge advocates range from superior attorneys to those who do little or are resentful of your involvement. But commands have remarkable difficulty in following the regulations, sometimes raising possibilities for challenges to characterization or discharge.
AFI 36-3208 Administrative Separation Of Airmen
Fai some of these cases, where the mistakes could be remedied easily with a new round of paperwork, respondents need to decide whether to raise the issues prior to discharge or reserve them for discharge review. 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.
If the military did not do psychological testing, it is useful to have a civilian psychologist administer the Minnesota Multiphasic Personality Inventory 2 MMPI afjone of the most common and respected psychological tests, and to supplement it with other testing.
Some services have made special note of misconduct related to sexual harassment and to extremist activity.
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. Neither the military nor the VA classify personality disorders as disabilities deserving treatment or pensions.
Servicemembers facing an ADB Procedure may want to challenge the discharge and fight for retention, or may simply want a better afj of discharge. The Instruction authorizes use of the notification procedure, and discharge with no less than a general or entry-level discharge if the misconduct fits within the general guidelines for such characterization under DoD agi As the result of a recent change to DoD Only seen severance pay once as it relates to PT, but that’s because we had a really good commander, and it wasn’t technically due to PT failures.
In theory, counseled members should not be processed for discharge unless new or continuing problems are apparent after the counseling. This provision is based on the provisions under which the member is being separated and not on the actual characterization the member receives. A provision of the National Defense Authorization Act provides some additional protection to women subjected to retaliatory involuntary discharges after making sexual assault complaints.
The respondent expressly declines appointment of counsel qualified under Article 27 b 1 of the UCMJ and requests a specific nonlawyer counsel, or The separation authority assigns non-lawyer counsel as assistant counsel. It is not uncommon to find significant legal errors in the discharge proceedings, in referrals for the underlying psychological evaluations, 10 in the preparation of performance evaluations, in counseling entries on performance or conduct afo, and the like.
Even in those cases in which administrative discharge processing itself is mandatory, the ADB members and separation authority have authority to process the case and then recommend retention, or recommend Honorable discharge.