ADMINISTRATIVE DISCHARGE HANDBOOK CAPT KENNETH HYLE (953-2786) MR TOM CLARKE (953-8673) 42 ABW/JA 50 LEMAY PLAZA SOUTH MAXWELL AFB, AL 1 AIR EDUCATION & TRAINING COMMAND MAXWELL AFB, AL AFPD 36-32 and AFI 36-3208 I. INTRODUCTION A. This Administrative Discharge Handbook is provided for your information and use. It is designed to assist Commanders, First Sergeants, and commander staff personnel in processing involuntary administrative discharge actions. It is not intended to replace guidance provided or required by Air Force Instruction 36-3208, Administrative Separation of Airman. All references in this handbook are to AFI 36-3208, unless otherwise noted. B. This Guide is NOT intended for use in processing the following types of discharges: 1. Required separation due to End of Term of Service (ETS) or change in service obligation (AFI 36-3208, Chapter 2). 2. Voluntary separations (AFI 36-3208, Chapter 3). 3. Requests for discharge in lieu of trial by court-martial (AFI 36-3208, Ch 4). 4. Discharge of commissioned officers (AFI 36-3206 & AFI 36-3207). C. Notification or Board Case: Some Airmen can be discharged using a streamlined notification procedure, similar to being fired from a job. Others are entitled to a board hearing. Airman entitled to a board hearing can waive that right. Airmen are entitled to a board hearing if at least one of these conditions apply (Para 6.2.2): 1. The respondent is an NCO; 2. The respondent has 6 years or more active and inactive military service (calculated from the pay date); 3. The respondent is a commissioned or warrant officer in the USAFR; 4. A UOTHC is recommended as the characterization of the discharge; 5. The basis of the discharge is homosexuality; 6. The basis of the discharge is in the interest of national security. D. This guide mainly addresses notification procedures. Board procedures are outlined in AFI 36-3208, AFI 51-602, and AFPAM 36-3210. In board cases, you can use the procedural steps in this handbook through section B, Step IV. At that point, the Airman has the choice of requesting or waiving a board hearing. The legal office will assist you through the remaining steps in a board case. 2 II – DOCUMENTING MISCONDUCT AND PRE-DISCHARGE REHABILITATION: A. As a general policy, AFI 36-3208 requires that Airmen must be formally counseled concerning their deficiencies and be given an opportunity to overcome them before discharge action is initiated under the following paragraphs: 5.9 Parenthood 5.11 Conditions that Interfere With Military Service 5.22 Entry Level Unsatisfactory Performance or Conduct 5.26 Unsatisfactory Performance 5.49 Minor Disciplinary Infractions 5.50 Pattern of Misconduct B. Documentation is the key to successful discharge processing. When supervisors document misconduct, they should also document what rehabilitative steps or corrective actions are taken. If the Commander decides to initiate a discharge and has not documented prior misconduct or rehabilitative efforts, it may be difficult, if not impossible; to reconstruct what happened in sufficient detail to support discharge. All documentation should be written so that a third person can clearly understand precisely what happened. Set out the facts and circumstances instead of simply alleging a UCMJ violation. Documents must show that the Airman received a copy and had an opportunity to respond. If an Airman does not respond, that fact should be indicated on the document or on a memorandum for record. Use Air Force forms or the formats given in Air Force instructions to satisfy this requirement. III – INVOLUNTARY ADMINISTATIVE DISCHARGE OF ENLISTED PERSONNEL: This section is designed to assist command sections in two respects: First, it provides guidelines to assist the commander in deciding whether discharge action is appropriate. Second, if the commander decides that discharge is appropriate, it explains the procedural steps required to discharge an individual under the notification procedure. A. Is Administrative Discharge Action Appropriate? A commander must go through a four-step analysis, discussed in more detail below, in a discharge case: (1) Is the Airman subject to discharge? (2) Should the Airman be discharged? (3) How should the discharge be characterized? (4) Is probation and rehabilitation appropriate? 3 For questions 1 and 3, the commander may only consider information from the current enlistment. The commander may consider all information from the Airman's entire service record when evaluating questions 2 and 4. 1. Is the Airman subject to discharge? The commander must first determine whether an Airman is subject to discharge. The commander must compare the regulatory authority for discharging the Airman to the evidence supporting the discharge. The commander must also determine whether there is sufficient documented evidence to support a discharge action. For example, has the Airman's misconduct been documented in Letters of Counseling, Letters of Reprimand, and/or Article 15 actions? Are the actions clear enough so that a third person can understand what happened? If not, Memorandums for Record may be added. However, extensive use of MFR's may result in a finding of legal insufficiency or absence of adequate rehabilitation efforts. The legal office will perform a preliminary review for legal sufficiency. 2. Should this Airman be discharged? Unless discharge is mandatory (see below), an Airman subject to discharge must be evaluated to determine whether the Airman should be involuntary separated. The suitability of persons to serve in the Air Force is judged on the basis of their conduct and their ability to meet the required standards, both on and off duty. Separating members who fail to meet standards of performance, conduct, and discipline debilitates Air Force readiness and weakens the standards of military service. The commander should consider the Airman's entire military record in deciding whether discharge is appropriate. If the commander believes the Airman does not have the potential for continued military service, an administrative discharge should be initiated. Discharge processing is mandatory when sufficient evidence exists to substantiate the following: 5.13 Fraudulent or erroneous enlistment 5.36 Homosexuality 5.51 Civil court conviction for which a punitive discharge and confinement for 1 year or more would be authorized under the UCMJ 5.54 Drug Abuse For all of the above paragraphs, except 5.36, a waiver of discharge may be requested if the commander determines the Airman's retention would be appropriate and continued service will benefit the Air Force. 3. How should the discharge be characterized? If the Airman is subject to discharge and the commander believes the Airman should be discharged, the commander must then decide how the discharge should be characterized. The types of service characterizations available in most cases are Honorable, General, and Under Other Than Honorable Conditions (UOTHC). If a UOTHC characterization is recommended, 4 that Airman is entitled to a discharge board. Airmen in their first 180 days of service may be separated without a particular service characterization. This is also known as an Entry Level Separation. The type of discharge should be based on information contained in the Airman’s record of service for the current enlistment. If an Airman has re-enlisted, information prior to the re-enlistment cannot be considered in evaluating what service characterization is appropriate. Refer to AFI 36-3208, Chapter 1, Section B, Paragraph 1.18 for the explanation of Types of Service Characterizations. 4. Is probation and rehabilitation appropriate? The final question, which is applicable in most cases, is whether the Airman should receive Probation and Rehabilitation (P&R). P&R should be based on the member's potential for continued military service. The commander should also consider the success of any preprocessing rehabilitation and the cost to the Air Force of replacing the member. If P&R is granted, the discharge is approved but suspended during the period of probation, which is usually a period of six to twelve months. An Airman is not eligible for probation and rehabilitation if the reason for discharge is: 5.53 Failure to comply with preventive medicine counseling for HIV positive members 5.15 Fraudulent enlistment 5.22 Entry level performance or conduct 5.36 Homosexuality 5.57 In the interest of national security 5.54 Drug abuse The separation authority, usually the 42 ABW/CC may offer P&R in any case where it is authorized and there seems to be a reasonable expectation of rehabilitation. The case file must show that P&R was considered by both the initiating commander and the separation authority in misconduct and unsatisfactory performance cases. It is good practice to consider P&R whenever available. The commander must explain any recommendation for or against P&R so that the separation authority can make an informed decision. Airmen with lengthy service are entitled to a special P&R review by the Office of the Secretary of the Air Force (OSAF). If an Airman has more than 16 years but less than 20 years of service credible towards retirement at the time discharge action starts, an approved discharge cannot be executed until the administrative file is reviewed by OSAF. The Airman must request, in writing, that the lengthy service review be conducted by the OSAF. In appropriate cases, OSAF can offer the Airman P&R in spite of the Airman's approved discharge. B. Involuntary Separation Procedure Once the commander decides discharge may be appropriate, the following actions occur: 5 1. UNIT ACTIONS A. Worksheets and RIPs a. Order a Records Review RIP and Commander’s Initiated Discharge Review RIP. If you do not have the capability to obtain the RIP, the Customer Service Section of the Military Personnel Flight can obtain one. JA cannot process the discharge without a current Records Review RIP and Commander’s Initiated Discharge Review RIP. b. Complete the Unit Administrative Discharge Worksheet for every discharge submitted to JA. Units should copy and keep a supply of the worksheets on hand. The worksheet provides information which is necessary to process the discharge, so each must be filled out completely. c. Begin running the Discharge Checklist (attached). B. Documentation The following information is provided to the Maxwell AFB Legal Office no later than 10 calendar days from the “triggering date”: (The triggering date is the date of the last negative action or the last administrative paperwork given to the respondent.) 1. 2. 3. 4. 5. 6. Personal Information File (PIF), (permanent party only) Collateral Training Folder (CTF), (students only) Unit Administrative Discharge Worksheet Unit Discharge Checklist Current Records Review RIP Commander’s Initiated Discharge Review RIP 2. DISCHARGE CLERK ACTIONS Preparation of Discharge Package: With the documentation provided by the unit, the legal office discharge clerk now prepares the discharge package. Please refer to the attached flow chart for “Goal” processing times. Once the discharge package is prepared, the discharge clerk submits the package for preliminary review to the Chief of Adverse Actions. 3. CHIEF, ADVERSE ACTIONS Chief, Adverse Actions Preliminary Review of Discharge Package: Chief, Adverse Actions reviews the discharge package to ensure it is legally sufficient and contains all supporting documentation. Once the discharge package is found legally sufficient, it is returned to the discharge clerk which, in-turn, calls the unit to pick up the discharge package. C. Initiation of Discharge Action STEP 1 – Review of Package by Commander 6 1. The commander reviews and signs the Notification Memorandum. 2. The discharge package is then ready to be served on the Airman. The act of notifying the Airman that the unit is pursuing administrative discharge action is known as “initiating” the discharge package. NOTE: The Recommendation for Discharge memorandum should not be signed or dated at this time. The Recommendation for Discharge memorandum must be dated after the Airman has had an opportunity to respond to the discharge and must indicate that the initiating commander has reviewed any matters submitted for consideration. STEP 2 – Serving the Package 1. Have the Airman report as soon as possible after receipt of the discharge package from the discharge clerk. 2. The commander reads aloud the Notification Memorandum, making sure the Airman understands the rights as detailed in the letter. 3. The Airman immediately acknowledges receipt of the Notification Memorandum by signing Respondent’s Receipt of Notification Memorandum. 4. The commander then informs the Airman of the ADC appointment and instructs him/her to sign the Discharge Under AFI 36-3208 memorandum before leaving the commander’s office. 5. After the discharge package has been served on the Airman, the unit reproduces one copy of the Notification Memorandum, Receipt of Notification Memorandum, and supporting evidence, giving the copies to the member and placing the originals back in the Discharge Case File Folder. 6. Instruct the member to bring the copies of the discharge package provided to them to the ADC appointment. Without a complete package, the Airman will not be able to effectively consult with counsel. In some cases, it is good practice to assign the Airman an escort to ensure all appointments and time standards are met. Providing a responsible escort is good insurance against delays caused by late arrivals and no-shows. STEP 3 – Consultation with the ADC 1. The Airman returns the Respondent’s Discharge under AFI 36-3208 memorandum and indicates elections as to counsel and the submission of statements. Respondents who elect to submit statements must provide written statements to the commander not later than three duty days from the date of the Notification Memorandum, unless the commander grants an extension. This time period is automatically extended to seven duty days if the member is board entitled. 7 2. If the Airman elects to provide statements but fails to do so within the allowable time period, the discharge can proceed as if the member waived the right to submit statements. Any failure to submit statements should be documented in a Memorandum for Record and inserted into the discharge package. 3. If the Airman waives statements or defense counsel, this should be annotated with “WAIVED.” STEP 4 – Beginning Out-Processing 1. As soon as the member is notified of the discharge, the member should begin outprocessing. Having the Airman wait to begin out-processing only delays the Airman from being discharged from your unit. 2. When the member returns from their separation physical, the unit POC should immediately obtain a copy of the physical paperwork, (DD Form 2697) to ensure that the member is “WORLDWIDE QUALIFIED”, and place the copies in the discharge package. 3. If there is a debt that needs to be collected, the unit, usually the First Sergeant, will prepare a DD Form 1131, Cash Collection Voucher and forward it to the Financial Services Officer (FSO) for processing. STEP 5 – Commander’s Review of Member’s Response 1. The commander should review the member’s response, then sign and date the Recommendation for Discharge memorandum. The Recommendation for Discharge memorandum must not precede the date of the Respondent’s Notification Memorandum under AFI 36-3208 and the submission of any statements. 2. The commander can choose to comment on the Respondent’s statements, if any, in paragraph 4 of the Recommendation for Discharge memorandum. 3. If the respondent elects to submit statements and the commander feels there is a need to comment specifically on the respondent’s statements, the commander should e-mail those comments to the discharge clerk. The discharge clerk will include the comments in the appropriate area of the Recommendation Memorandum and e-mail page two of the Recommendation Memorandum to the commander for signature. Should e-mail capabilities be unavailable, simply fax a copy of the commander’s response to the respondent’s comments to the discharge clerk at 953-8673. The discharge clerk will add the commander’s comments on page two of the Recommendation Memorandum and fax page two to the commander for signature and inclusion in the discharge package. STEP 6 – Return of Package to Discharge Clerk The unit should deliver the discharge package along with the member’s UPRG, Medical, and Dental Records to the discharge clerk. To obtain the medical and dental records, the 8 Commander or other designated unit member will request in writing to each of these offices to obtain the records. If the records are not available (i.e, lost) the offices will provide a nonavailability letter. This letter should automatically be given. If it is not given, please ask for it. Either the medical and dental records (if available) or a non-availability letter must accompany the discharge package to the discharge clerk. STEP 7 – Final JA Review JA will prepare a formal legal review for the Separation Authority. In most cases at Maxwell AFB, the Separation Authority is 42 ABW/CC, the Special Court-Martial Convening Authority. The discharge clerk will route the discharge package to the separation authority’s office for action. In cases where an UOTHC service characterization is recommended, AU/CC, as the General Court-Martial Convening Authority, serves as the separation authority. STEP 8 – Review/Action by Separation Authority 1. Once the Separation Authority acts on the discharge package, it is forwarded to the discharge clerk, who will provide the discharge package to 42 FSS/FSMPD (Separations) so a final out-processing date and time can be set. 2. The member will need to be escorted to this separation briefing. The member is generally discharged on the day of the final out-processing appointment. Disclaimer 1. This handbook is designed to assist commanders, first sergeants, and administrative personnel involved in the coordination and processing of administrative discharges under Air Force Instruction 36-3208. 2. It is not intended as a substitute for AFI 36-3208 and consultation with the Legal Office for legal advice. 3. If questions arise that cannot be answered by this handbook or the guidance in AFI 36-3208, please do not hesitate to contact the numbers listed on the cover sheet for assistance. Attachments: 1. Rapid Airman Discharge Flowchart 2. Discharge Package Checklist 3. Unit Administrative Discharge Worksheet 9 Administrative Discharge Flowchart Discharge Clerk Coordination Goal: 1 Hr Unit Identifies Member for Discharge Member is Discharged Unit Assembles Data: RRR, CIDIR, etc. Units will pickup copy of Discharge Case File NLT 1 duty day after separation appointment. Discharge Clerk Creates Discharge Package JA Conducts Legal Review Goal: 48 Hrs AF Goals for Processing Entry Level: 15 Days Notification: 15 Days Board Waiver: 25 Days Board Hearing: 50 Days Unit Serves Respondent, Respondent Seeks Counsel, Completes Short Notice Checklist, etc…. Note: Days start counting (IAW AFI 363208) when member is served with discharge package. All days counted are duty days. Discharge Clerk & JA Final Legal Review Goal: 48 Hrs Discharge Authority Action Goal: 24 Hrs 10 UNIT DISCHARGE PACKAGE CHECKLIST 1. 2. 2. 3. 4. UNIT CHECKLIST Court-Martial/Article 15’s a. Does the member have a court-martial conviction? If so, is the DD Form 1359 (Report of Result of Trial) attached? b. Does the member have an Article 15(s)? If so, is a copy of the Article 15 (AF Form 3070) attached? Letter(s) of Reprimand (Administrative Reprimand) a. Does the member have Letter(s) of Reprimand? If so, did the member sign the LOR(s)? b. Did the member elect to make written statements to the LOR(s)? If so, are the written statement(s) attached? If the member elected to submit statement(s) and the member later elected not submit statement(s), is there an MFR explaining no statement(s) were submitted by the member? Is the supporting evidence (if any) attached to the LOR(s)? Letters of Counseling (to include AF Form 174 and AETC Form 173 [students only]) Does the member have LOC(s)? Is the supporting evidence (if any) attached to the LOC(s)? AETC Form 341(s) (students only) a. Does the member have any negative AETC Form 341(s)? If so, are they attached? b. Does the individual who noticed the discrepancy date the AETC Form 341 for the date of the offense? c. Does the individual who is conducting the counseling sign and date the AETC Form 341? Mental Health Evaluations Letter Does the member have a Mental Health Evaluation Letter? If so, does the letter contain the wording (or similar wording) “the member’s ability to function effectively in the military is significantly impaired?” 11 YES NO N/A UNIT ADMINISTRATIVE DISCHARGE WORKSHEET Today’s Date: ___________ Name: ________________________________ Rank: _________ SSN: ____________________ Unit of Assignment: _________________ AFSC: __________ Commander Serving Discharge Action (Full Name and Rank): ____________________________________ Approving Commander: (circle one) 42 ABW/CC Characterization of Discharge: (circle one) AU/CC HONORABLE GENERAL UOTHC ENTRY-LEVEL Reason for Discharge Action (applicable paragraph and Title): ________________________________________ Member’s Home of Record: ________________________ (from UPRG) ________________________ Supporting Documentation Included: YES Date Assigned Unit: ____________________ NO Including UPRG / Medical / Dental Records Does Member have a UIF/Art 15? YES NO (If member has an Art 15, let the legal office know. If UIF, attach a copy of the UIF) Records Review RIP (from PCIII): YES NO Copies of EPR’s included if applicable (See AFI 36-3208, Para 6.4): POC (Rank and Name): __________________________ YES NO N/A (Duty Phone): __________________________ Is Member Board Entitled (See AFI 36-3208, Para 6.2.2): YES NO Statement of Commander’s Corrective Action: YES NO N/A (MFR detailing corrective action and addressing P & R if applicable for Recommendation Letter) 12