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-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 ?

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Attorney answers 4

Posted

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.

Posted

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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Asker

Posted

I Have had several family members pass away during the course of my training which contributed to my lack of judgement, as well as financial issues with my BAH being pending validation causing my finances to run low, being that I pay rent im not being compensated for.

Asker

Posted

my question is, are these even valid reasonings ?

Wojciech Zbigniew Kornacki

Wojciech Zbigniew Kornacki

Posted

Are they valid reasons - yes - it looks like a pattern of misconduct? Can you explain it, mitigate it, and overcome, possibly yes. very respectfully, W.Kornacki Wojciech Z. Kornacki, Esq Military Law Counsel PENGATON LAW TEAM PLLC Novalegalservices@live.com | PentagonLaw@gmail.com www.correctmilitaryrecords.com | www.barment.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you.

Wojciech Zbigniew Kornacki

Wojciech Zbigniew Kornacki

Posted

These reasons do not excuse your misconduct, but put it in a background. If properly explained, your chain of command could have second thoughts about separating you, and perhaps allow you to rehabilitate yourself. very respectfully, W.Kornacki Wojciech Z. Kornacki, Esq Military Law Counsel PENGATON LAW TEAM PLLC Novalegalservices@live.com | PentagonLaw@gmail.com www.correctmilitaryrecords.com | www.barment.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you.

Posted

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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Posted

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.

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