Skip to main content

-Air Force. Im being served An Entry Level Discharge due to several minor behavioral discrepancies. How Do I Fight?

Wichita Falls, TX |

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 ?

Attorney Answers 4

  1. 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.

  2. 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. | | 202-738-1382 | DISCLAIMER: This information is intended for public and educational use only, it does not form an attorney-client relationship and it is not intended as legal advice. Nothing replaces a confidential consultation with an attorney. This communication may be considered attorney advertising. Do not post any privileged information, instead contact an attorney directly.

  3. 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.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

  4. 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...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

Military law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics