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AFI 36-3209 SEPARATION AND RETIREMENT PROCEDURES FOR AIR NATIONAL GUARD AND AIR FORCE RESERVE MEMBERS (Incorporating Through Change 3, 20 September 2011)

Source
AFI 36-3209 (2 April 2010) Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members (1.4 MB)

Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.  "ANG" is Air National Guard; "USAFR" is U.S. Air Force Reserve.

Chapter 3--ADMINISTRATIVE DISCHARGE OF ANG AND USAFR ENLISTED MEMBERS

Section 3D - Involuntary Separations

3.13. Reasons for Separation. A member may be separated for convenience of the government for the following reasons. ...

3.13.2. Unsatisfactory Participation.

Comments: Before IADT, a member will not be charged with Unsatisfactory Participation for not attending drills (see definition of Entry Level Status, below).

3.13.2.1. Do not use these reasons if a member is in entry level status. Members of the selected Reserve who have not fulfilled their statutory military service obligation under Title 10 U.S.C., Section 651, and whose participation has not been satisfactory may be:

3.13.2.1.1. Discharged for unsatisfactory participation when the commander concerned has determined that the individual has no potential for useful service under conditions of full mobilization. Member may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period. Service characterization will be determined by using the criteria in Attachment 2. NOTE: Members may be discharged if they fail to report to the ANG unit of assignment within 90 days after the date of release from active Federal service. ...

Comments: "UTA" is Unit Training Assembly (drill).

3.16. Entry Level Performance and Conduct. Separate a member while in entry level status ... when it is determined that the member is unqualified for further military service by reason of unsatisfactory performance or conduct (or both) ... Unsatisfactory entry level performance or conduct may be shown in a number of ways including, but not limited to:

3.16.3. Failure to report for scheduled IADT within 365 days of enlistment.

Entry-Level Status- The first 180 days of continuous active military service. For members of a Reserve component who have not completed 180 days of continuous active military service and who are not on active duty, entry-level status begins upon enlistment in a Reserve component (including a period of assignment to a delayed entry program). Entry-level status ends 180 days after beginning an initial period of entry-level active duty training. Thus a member may be in entry-level status for more than 180 days after enlistment. For purposes of characterization of service or description of separation, the member's status is determined by the date of notification as to the initiation of separation proceedings.

Attachment 2

GUIDELINES FOR SEPARATION AND SERVICE CHARACTERIZATION

A2.2. Types of Service Characterization:

A2.2.3. UOTHC. A member's service may be characterized as UOTHC only if the member is given an opportunity for a hearing by an administrative discharge board or requests discharge in lieu of trial by court martial. However, conduct in the civilian community of a member not on active duty or ADT may be used to characterize service as UOTHC only if the conduct directly affects the performance of military duties. Examples of conduct that directly affects the performance of military duties include but, are not limited to the following:

A2.2.3.1. Missing muster or screening;

A2.2.3.2. Missing a UTA, IADT, OR ADT;

AFI 36-2254V1 (26 May 2010) RESERVE PERSONNEL PARTICIPATION

Source
Air Force Instruction 36-2254V1, Reserve Personnel Participation (656 KB)

Comments: To view or download the complete regulation, click on the the link to it in the box above these comments. 

This regulation does not apply to the Air National Guard.

Chapter 1—STANDARDS, TRAINING AND RETIRED CATEGORIES, AND PARTICIPATION REQUIREMENTS  

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1.3.1. A unit member who has nine or more unexcused IDT absences, in a 12-month period with the first month missed as month one, or has not completed a scheduled Annual Tour in an FY (unless substituted or excused) is considered an unsatisfactory participant....

Comments: “IDT” is Inactive Duty Training (drill). “FY” is Fiscal Year.

1.3.3. Disposition of United States Air Force Reserve (AFRC) Unsatisfactory Participants.

AFRC Commanders are authorized to take the following actions when necessary and appropriate:

1.3.3.1. Delay or defer promotion.

1.3.3.2. Administrative demotion.

1.3.3.3. Involuntary 45 manday recall. Members who have not fulfilled their Military  Service Obligation (MSO) in accordance with Title 10 U.S.C., Section 651, may be  ordered to active duty for training (ADT), regardless of the length of prior AD or ADT, for a period of not more than 45 days under Title 10 U.S.C., Section 10148. Recall will`be in a special Reserve Personnel Appropriation (RPA) tour status and must be performed at the unit of assignment/attachment. Enlisted members assigned to the Selected Reserve who are ordered to AD or ADT may be returned to their previous unit of assignment or transferred to the IRR. The member’s term of enlistment may be extended up to 6 months to permit completion of the designated period of AD in accordance with Title 10 U.S.C., Section 10148.

Comments: “AD” is Active Duty.

1.3.3.4. Ordered to AD. Members in the Selected Reserve who have not fulfilled their MSO in accordance with Title 10 U.S.C., Section 651, and have not served on AD, or ADT for a total of 24 months, for such period of time the Secretary deems appropriate, may be required to serve on AD until their AD or ADT equals 24 months (Title 10 U.S.C., Section 12303).

1.3.3.5. Reassign unsatisfactory participants to the appropriate subcategory of IRR or Standby Reserve (with unit or PM authority respectively) in accordance with AFI 36-2115. Ensure that on transfer to the IRR, members understand their MSO as a member of the IRR, including the requirement for satisfactory participation in the annual reporting (Muster Duty and/or Push/Pull) program. Failure to satisfactorily participate in annual screening requirements may result in an involuntary recall to ADT for 45 days regardless of the length of prior AD or ADT.

1.3.3.6. Initiate discharge action according to AFI 36-3209.

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Chapter 3—INITIAL ACTIVE DUTY FOR TRAINING (IADT)

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3.2.3. Substandard Performance While on IADT/BMT/TT.

3.2.3.1. If an AFRC member commits an offense that demonstrates substandard performance the attached commander may initiate UCMJ or administrative  discharge action under AFI 36-3208, Administrative Separation of Airmen. If UCMJ or discharge action is initiated, the unit of attachment will notify the unit of assignment and conclude UCMJ or discharge processing. If the AFRC member is to be returned to the unit of assignment for processing and action, the unit of attachment publishes orders relieving the member from attachment and directs him or her to the assigned servicing MPF, at which time the member reverts to inactive status.

3.2.3.2. Examples of substandard performance are:

3.2.3.2.1. Failure to comply with IADT orders.

3.2.3.2.2. Absence without leave.

3.2.3.2.3. Failure to complete a training course due to lack of effort or failure to achieve a 3-skill level AFSC. (Exception: Failure to achieve a 3-skill level due to  incomplete processing of a security clearance required for award of an AFSC.)  3.2.3.2.4. Commission of an offense under the UCMJ leading to administrative actions including discharge action (per AFI 36-3208) or a court-martial conviction. Air Force Reserve TT liaisons must notify parent unit commanders immediately  upon learning of a member’s commission of an offense.

3.2.3.2.5. Lost time, unless it is made up with the approval of HQ AFRC/A1.

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Chapter 4—INACTIVE DUTY TRAINING (IDT)

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4.14. Reservist Nonparticipation.

4.14.1. For unit reservists the commander or designated representative will be responsible for exercising sound judgment in authorizing excusal, ET, or rescheduling actions. A commander or supervisor must consider the impact on training readiness and mission effectiveness when considering requests for excusals.

4.14.2. If for any reason the member fails to notify their unit commander or supervisor of the circumstances regarding the absence, the individual’s commander or supervisor contacts the individual, documenting such effort with Memorandum for Record or email. Every effort must be made to make personal contact during the first period of the UTA/IDT, but not later than the end of the UTA/IDT. If contact is made anytime during the UTA/IDT, the commander may excuse, unexcuse, or authorize other training as appropriate, based upon the merits of the case.

AFI 36-2911 DESERTION AND UNAUTHORIZED ABSENCE (14 OCTOBER 2016)

Source
AFI 36-2911 DESERTION AND UNAUTHORIZED ABSENCE (14 OCTOBER 2016) (1.2 MB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

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Chapter 1
UNAUTHORIZED ABSENCES

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1.4. When Unauthorized Absence (UA) Begins and Ends. It is incumbent on the commander, first sergeant, and supervisor to investigate a member’s absence to determine whether or not the absence is voluntary or involuntary. An unauthorized absence begins when an Airman voluntarily absences themselves from where they are ordered or otherwise required to be present. An unauthorized absence ends when the absentee or deserter returns to military control. An unauthorized absence of 24 hours or less is classified as “failure to go”. Note: If the commander determines the member’s absence may be involuntary, contact the force support squadron Casualty Assistance Representative (CAR) immediately for possible Duty Status Whereabouts Unknown (DUSTWUN) reporting IAW AFI 36-3002, Casualty Services.

1.4.1. When to classify as AWOL. An unauthorized absence of more than 24 hours and less than 30 days which the commander has determined is voluntary is classified as “absence without leave” or AWOL (UCMJ, Article 86). Example: Amn Doe is required to be at work at 0730 on Monday but fails to report. Amn Doe’s supervisor, first sergeant, and commander investigate his absence and the commander determines the absence to be voluntary. After 24 hours of unauthorized absence (0730 on Tuesday), the Commander will immediately report Amn Doe as AWOL with an effective date and time of Monday at 0730.

1.4.2. When to classify as a Deserter. A member who has been AWOL for more than 30 consecutive days will be classified as a deserter (UCMJ, Article 85). Example: Amn Doe has been AWOL since 1 Jan 2013. He remains AWOL through 2400 on the 30th consecutive day and his status is changed to Deserter on the 31st day (10th day during times of National Emergency or war declared by the President or Congress) with an effective date and time of 31 January 2013 at 0001. Note: An absentee does not have to be placed in AWOL status prior to being classified as a Deserter status if the member is absent without authority, regardless of the length of the absence, and meets any of the eligibility criteria listed below.

1.4.2.1. The commander has determined that the member remains absent from his or her
unit, organization, or place of duty with no intention of returning.

1.4.2.2. Is under the duty or travel restrictions that DoDM 5210.01-R/AFI 31-501, Personnel Security Program Management imposes.

1.4.2.3. Has had access in the past 12 months to Top Secret information or other classified information that requires special access authority (see paragraph 2.3.7). Note: Do not classify a person who appears to be a casualty as a deserter solely because the person has had access to classified material described herein.

1.4.2.4. Has gone to, or stayed in, a foreign country and, while there, has asked for or taken any type of asylum or resident permit from that country or its governmental agencies.

1.4.2.5. Has action pending on a previous unauthorized absence that has not been completed.

1.4.2.6. Is an escaped prisoner.

1.4.2.7. Is under investigation for violating the UCMJ as listed in Attachment 2 or against whom charges for any offense have been referred to a General Court-Martial.

1.4.2.8. Is believed likely to commit violent acts, or may harm themselves or the general public.

1.4.2.9. AFPC/DPFC has determined member is a deserter.

Comments: "AFPC" is Air Force Personnel Center.

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Chapter 4
ACTIONS TAKEN WHEN AN ABSENTEE RETURNS TO MILITARY CONTROL

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4.4. Disposition of Absentee Returned to Military Control

4.4.1.  Absentees gone for less than 1 year will be returned to the unit they were assigned to at the time of their unauthorized absence.

4.4.2. Members absent for 1 year or more are transferred to the nearest Air Force installation with facilities for handling of the case.
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4.7. Commanders Determination. The action unit commander:

4.7.1. Takes responsibility for disposition of unauthorized absence.

4.7.2. Reviews case circumstances and consults with JA to determine if the absence was avoidable or unavoidable.

4.7.3. A commander who finds that an absence was:

4.7.3.1. Avoidable, consults with JA and takes appropriate disciplinary action as warranted.

4.7.3.2. Unavoidable, excuses the absence. The period of absence does not count as lost time to be made good. Charge it to leave if not authorized for another reason (ref: AFI 36-3003, Military Leave Program). A new HR type PPA AWOL/Deserter CMS case is required to revoke the unauthorized absence report. (T-3) Examples of excused absences not charged to leave include, but are not limited to:

4.7.3.2.1. When a member's lack of mental capacity causes the absence.

4.7.3.2.2. When civilian law enforcement authorities hold, try and acquit a member.

4.7.4. If a member dies during an unauthorized absence, the commander of the unit of assignment makes a new status determination. (T-1) After considering all available facts, the commander determines if the member was in duty status, absent on leave, absent without leave, or a deserter. (T-0)

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Chapter 5
SPECIAL REQUIREMENTS FOR AIR NATIONAL GUARD OF THE UNITED STATES (ANGUS) AND USAF RESERVE (USAFR) MEMBERS


5.1. General. This chapter applies to ANGUS or USAFR Members Ordered to Extended Active Duty (EAD) voluntarily or involuntarily...

5.1.1. When an EAD order calls a Reserve Component member to active duty (AD), the AD unit the member is temporarily assigned to processes (sic) the absentee only after coordination with the unit of assignment.

5.2. Determining Unauthorized Absences. A Reserve member voluntarily or involuntarily called or recalled to Active Duty (AD) or Active Duty For Training (ADT) who fails to report is an absentee if strong evidence exists that the member received the orders (Title 10 orders).

5.2.1. DoDD 1215.13, Reserve Component (RC) Member Participation Policy, allows processing of AWOL or desertion without a signed receipt on file. To do so, however, substantial proof must exist that orders to report for ADT or transfer to the Individual Ready Reserve (IRR) were properly mailed to the most recent address the member furnished. Substantial proof consists of certified mail return receipt fron the USPS verifying delivery of orders to current address.

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5.4. Return to Military Control Responsibilities. ...

5.4.2. Disposition Instructions:

5.4.2. Disposition Instructions:

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5.4.2.1. Absentees gone for less than 180 days are returned to their unit of assignment or to another unit with court-martial jurisdiction as determined by the unit of assignment commander.

5.4.2.2. Absentees gone for 180 days or more are no longer carried on unit rolls and are sent to the nearest Air Force installation with facilities for handling the case.

5.4.2.3. In some cases, the rules outlined above may not be appropriate. Under these circumstances, contact AFPC/DPFCM for further guidance.

AFI 36-2115 ASSIGNMENTS WITHIN THE RESERVE COMPONENTS 8 April 2005 (Certified Current 2 May 2008)

Source
AFI 36-2115 ASSIGNMENTS WITHIN THE RESERVE COMPONENTS (2 May 2008) (1.3 MB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

Chapter 1
ASSIGNMENTS THROUGH THE GRADE OF COLONEL


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1.22. Assignment of Members for Unsatisfactory Participation.

1.22.1. General Discharge from a Reserve Component:

1.22.1.1. The ANG may discharge members for unsatisfactory participation giving them a General Discharge from their state enlistment. They then assign them to the non-participating IRR under their remaining MSO or ETS.