Expert: Rod Powers - 6/4/2007

Question
Son is being discharged from air force, the reason to me dont warrant a discharge. I am prior army. he got several minor things 1. backed into another vehicle, dirty barracks room, missed an appointment. all he has no excuse for but minor. now getting discharged under 36.3208 5-49. will the army take him with a waiverable re code and if so what about the wait period. he tried to fight the discharge but under that section he can't. I know in the army a good NCO would tighten him up. thanks

Answer
Hi Mike,

Here's the thing. While it may not warrant it for you, the simple fact of the matter is that the Air Force is currently overmanned. In fact, they have to decrease in size by about 40,000 troops between now and the year 2012. That means the Air Force isn't as "forgiving" as they have been in times past.

However, I would be willing to bet that your Son isn't telling you everything. Air Force Instruction (AFI) 36-3208, paragraph 5-49 involves "minor disciplinary infractions."

The paragraph says, "5.49. Minor Disciplinary Infractions. A pattern of misconduct consisting solely of these infractions in the current enlistment makes an airman subject to discharge. The infractions under this section may involve failure to comply with nonpunitive regulations or minor offenses under the UCMJ. Infractions of this type result, as a rule, in informal (reduced to writing) or formal counselings, letters of reprimand, or Article 15 nonjudicial punishments."

Based on my experience, I'm willing to bet your Son has one or two Article 15 punishment actions (see: http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm), probably one or two reprimends (see: http://usmilitary.about.com/od/justicelawlegislation/a/counseling.htm), and probably several formal counselings. Not positive about this, but -- in my experience, that's what it would take to convince the Wing commander to approve an administrative discharge under paragraph 5-49. Children rarely want to tell their parents the "whole story" when it comes to discharge actions, because they don't want to disappoint their parents.

If he receives a waiverable RE Code, the Army will probably accept him, after the usual waiting time (usually six months), depending on the RE Code he receives, and the Characterization of his discharge.

For more information about the United States Military, feel free to visit my U.S. Military Information site at: http://usmilitary.about.com Hope this helps!

Rod Powers
http://usmilitary.about.com