I have been in the airforce for 5months and in the last three i have accumulated several pieces of unfavorable paper work. I am still in tech training. my discrepancies are, being out of my room after curfew, breaking phase by wearing civilian clothing and leaving base before being authorized ect.
I am being faced with a discharge for failing to meet military standards multiple times. I am also Reserve
can i fight this discharge, and is it likely that I the decision may be over turned ?
Most likely no. An ELS is equivalent to a civilian being fired. The good news is that it is not considered to be "bad paper". Although you will most likely also receive a re enlistment code that makes you in eligible for reenlistment that could be waived in the discretion of the recruitment authority of another service.
Government Contract Attorney
Yes, the AF instructions afford you certain protections. You should immediately speak with an AF military attorney or a civilian attorney who knows military law. The type of the discharge could be on the line which could affect your benefits - education benefits. Also, you could gey a bad re-enlistment code. You really need to explain the pattern of misconduct.
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You have a pattern of 'going adrift'....not good or safe in a military environment. See an attorney (JAG) in base to discuss the process but its a reasonable bet you'll be released--good news is that it won't haunt you for life like it would've if three or four months from now you got in more trouble and were kicked out with an unfavorable discharge. No shame in an ELS.
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General Practice Lawyer
Discrepancies?..unfortunately what you call discrepancy is what most if us who serve call a pattern of misconduct...several pieces in 5 months mean you can't follow simple rules, can you fight it? Sure... However if you have that many violations and not learned from them, you need to take a serious introspective look. Once out of training, this type of misconduct could lead to to a court martial where a discharge would be punitive and affect your life. Don't fight it if you are not fitting in. It will only get worse..bein in the reserves does not matter...
Personally I can't see the correlation between BAH problems and misconduct? I can't see how a family members death causes you to wear civilian clothing or causing you to leave base...
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