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Separaciones (discharges) e información para militares

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Mala conducta (la que incluye el consumo de drogas y el alcoholismo)

Air Force

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Chapter 3

Section 3C- Procedures for Identification and Referral of Suspected or Identified Substance Abusers for ADAPT Services.

3.7. Self-Identification. Air Force members with substance abuse problems are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional. Following the assessment, the ADAPT Program Manager will consult with the Treatment Team, and determine an appropriate clinical course of action.

3.7.1. Drugs. An Air Force member may voluntarily disclose evidence of personal drug use or possession to the unit commander, first sergeant, substance abuse evaluator, or a military medical professional. Commanders will grant limited protection for Air Force members who reveal this information with the intention of entering treatment.

Comentario: Si uno se entrega por el consumo de drogas, no se puede usar ese hecho para una demanda disciplinaria o para decidir su calificación de servicio. Commanders may not use voluntary disclosure against a member in an action under the Uniform Code of Military Justice (UCMJ) or when weighing characterization of service in a separation. Disclosure is not voluntary if the Air Force member has previously been: Apprehended for drug involvement. Placed under investigation for drug abuse. When a member is considered placed under investigation is determined by the circumstances of each individual case. A member is under investigation, for example, when an entry is made in the Security Forces blotter, when the Security Forces Investigators log shows an initial case entry, or when the Office of Special Investigations (OSI) opens a case file. A member is also considered under investigation when he or she has been questioned about drug use by investigative authorities or the members commander, or when an allegation of drug use has been made against the member. Ordered to give a urine sample as part of the drug-testing program in which the results are still pending or have been returned as positive. Advised of a recommendation for administrative separation for drug abuse. Entered treatment for drug abuse. The limited protection under this section for self-identification does not apply to: The introduction of evidence for impeachment or rebuttal purposes in any proceeding in which the evidence of drug abuse (or lack thereof) has been first introduced by the member. Disciplinary or other action based on independently derived evidence (other than the results of commander-directed drug testing), including evidence of continued drug abuse after the member initially entered the treatment program.

3.7.2. Alcohol. Commanders must provide sufficient incentive to encourage members to seek help for problems with alcohol without fear of negative consequences. Self identification is reserved for members who are not currently under investigation or pending action as a result of an alcohol-related incident. Self-identified members will enter the ADAPT assessment process and will be held to the same standards as others entering substance abuse education, counseling and treatment programs.
3.16. Completing the Program.

3.16.1. Successful Completion. Patients will not be considered to have successfully completed treatment until they meet the DSM criteria for early full remission. The TT determines, based on DSM criteria, patient progress towards agreed upon goals and/or issues as stated in the treatment plan, when the patient is effectively in recovery and no longer requires program resources.

Comentario: "DSM" significa "Diagnostic Statistical Manual" (el manual diagnóstico y estadístico); "TT" signfica "Treatment Team" (equipo de tratamiento).

3.16.2. Failing the Program. The TT determines a patient to have failed the program based on a demonstrated pattern of unacceptable behavior, inability or unwillingness to comply with their treatment plan, or involvement in alcohol and/or drug related incidents after receiving initial treatment. The determination that a patient has failed treatment is based on the patients repeated failure to meet and maintain Air Force standards (behavior), rather than solely on the use of alcohol. Individuals who have been determined as failing the ADAPT program shall be considered for administrative separation by their commander IAW AFI 36-3207, or AFI 36-3208.

Comentario: "IAW" significa "In Accordance With" (según).



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Chapter 5

Section 5H- Misconduct
5.47. Types of Misconduct. Airmen are subject to discharge when there is evidence of one or more of the acts or patterns of misconduct described in this section ... . If this requirement is met, the entire military record may be considered in deciding whether the member should be discharged or retained.

5.47.1. For information about patterns of conduct that make an airman subject to discharge, see paragraphs 5.49. and 5.50. Airmen in entry level status will not be discharged under paragraph 5.49. If a pattern of minor disciplinary infractions warrants the discharge of an airman in entry level status, process the case under Section 5D.

5.47.2. One serious military or civilian offense may be a basis for discharge for misconduct. A basis for discharge exists if the MCM authorizes a punitive discharge for the offense or a closely related one. Commanders must look closely at the specific circumstances of the offense and the guidance in paragraph 6.1. to decide whether discharge processing is warranted. For more information about specific offenses that are a basis for discharge, see paragraphs 5.52. and 5.54.

Comentario: "MCM" significa "Manual for Courts Martial" (el manual de consejos de guerra).

5.47.3. Conviction by civil authorities is a basis for discharge under some conditions. To find whether the action by a court makes the member subject to discharge for misconduct, see paragraph 5.51.

5.47.4. Misconduct involving homosexual conduct must be processed under Section 5G.

5.47.5. Misconduct involving fraudulent entry must be considered under Section 5C.

5.47.6. Misconduct involving drug abuse must be processed under paragraph 5.54.

5.47.7. Do not start discharge processing for a pattern of misconduct, paragraph 5.49. or 5.50., until the member has been counseled about the deficiencies and given a chance to overcome them. Comply with the requirements of paragraph 5.2. If the sole reason for discharge is one serious offense or a civil court conviction, the counseling and rehabilitation requirements are not applicable.

5.48. Type of Separation:

5.48.1. Refer to Chapter 1, Section 1B, for guidelines for characterizing service. Usually, discharges under paragraphs 5.50., 5.51., 5.52., and 5.54. should be under other than honorable conditions.
5.48.3. If discharge under other than honorable conditions does not appear to be warranted under those guidelines: The separation of an airman in entry level status will be described as an entry level separation. The separation of an airman who has completed entry level status may be characterized as under honorable conditions (general).

5.48.4. The service of a member discharged under this section may be characterized as honorable only if: The member has completed entry level status. The member's record has been so meritorious that any other characterization would be clearly inappropriate; and The GCM authority approves the service characterization.

Comentario: "GCM" significa "General Court-Martial" (consejo de guerra general).

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. Do not discharge airmen in entry level status under this provision. Process the action under Section 5D if an airman in entry level status should be discharged based on minor disciplinary infractions.

5.50. A Pattern of Misconduct. A pattern of misconduct in the current enlistment consisting wholly or in part of misconduct more serious than that considered under paragraph 5.49. makes an airman subject to discharge. The specific pattern or patterns of misconduct should be cited in the separation case. See Chapter 6, Section 6H, when more than one reason identified below is used. The pattern may consist of:

5.50.1. Discreditable Involvement With Military or Civil Authorities. Acts for which the member was or might have been punished under the UCMJ may be part of the pattern. The lack of UCMJ jurisdiction over the offense is irrelevant. Civil offenses that in and of themselves are not a basis for discharge under paragraph 5.51. may be cited to show the pattern of misconduct.

5.50.2. Conduct Prejudicial to Good Order and Discipline. This includes conduct of a nature that tends to disrupt order, discipline, or morale within the military community. This category of misconduct usually involves causing dissent, disruption, and degradation of mission effectiveness. It also includes conduct of a nature that tends to bring discredit on the Air Force in the view of the civilian community.

5.50.3. Failure To Support Dependents.

5.50.4. Dishonorable Failure To Pay Just Debts.

5.51. Civilian Conviction:

5.51.1. Airmen are subject to discharge for misconduct based on conviction by civilian authorities or action tantamount to a finding of guilty, including similar adjudications in juvenile proceedings, when: A punitive discharge would be authorized for the same or a closely related offense under the MCM; or The sentence by civilian authorities includes confinement for 6 months or more without regard to suspension or probation.

5.51.2. Action tantamount to a finding of guilty may occur where, notwithstanding the absence of a specific finding of guilty, the court proceeds in a manner that is inconsistent with any reasonable hypothesis other than an assumed guilt of misconduct. The most common example of this exists where, under statutory authority, a court or other agency of the judicial or legal system (to include a state or county prosecuting attorney in some instances) without a specific finding of guilty, and with the consent of the individual, proceeds to subject the individual to some form of deprivation or restraint of the person's theretofore unfettered liberty for a period of time as a condition to some ultimate official act of grace, forgiveness, or dismissal of charges; for example, successful probation in return for a clean record.
5.52. Commission of a Serious Offense. Airmen are subject to discharge for misconduct based on the commission of a serious offense if a punitive discharge would be authorized for the same or a closely related offense under the MCM. Discharge processing should be initiated if the specific circumstances of the offense warrant separation.

5.52.1. Sexual Perversion. Airmen are subject to discharge for misconduct based on acts of sexual perversion including, but not limited to, those listed below. NOTE: Sexual perversion cases involving homosexual conduct will not be brought under this paragraph. (See Section 6G). One or more lewd and lascivious acts. Sodomy. One or more indecent acts with or assault upon a child under the age of 16. One or more other indecent acts or offenses.

5.52.2. Prolonged Unauthorized Absence. Airmen may be discharged for misconduct based on unauthorized absence continuing for 1 year or more. When a member who has been absent for 1 year or more returns to military control, the GCM authority decides whether the member will be tried by court-martial. If trial for the unauthorized absence is barred, or is considered inadvisable, the airman may be processed for administrative discharge. Discharge processing takes place at the base where the member returns to military control. Airmen who do not return to military control may not be processed for discharge for unauthorized absence without the approval of HQ AFMPC/DPMARS2. Refer to Chapter 6, Section 6I, for more information.

5.52.3. Other Serious Offenses. If the offense that makes the member subject to discharge under this paragraph is not covered in paragraph 5.52.1. or 5.52.2., cite this paragraph as the basis of the action.

5.53. Human Immunodeficiency Virus (HIV). An airman with seriologic evidence of HIV infection may be discharged when he or she is found not to have complied with lawfully ordered preventive medicine procedures.

5.54. Drug Abuse. Drug abuse is incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct.

5.54.1. Drug abuse for purposes of this regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. This includes improper use of prescription medication. The term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 U.S.C., Section 812. It also includes anabolic/androgenic steroids, and any intoxicating substance, other than alcohol, that is inhaled, injected, consumed, or introduced into the body in any manner for purposes of altering mood or function.
5.54.3. Evidence obtained through urinalysis or evidence furnished by the member in connection with initial entry in rehabilitation and treatment may be used to establish a basis for discharge. For limits on using such evidence in characterizing service, see paragraph 1.21.
5.55.2. Retention Criteria and Consideration. A member found to have abused drugs will be discharged unless the member meets all seven of the following criteria: Drug abuse is a departure from the member's usual and customary behavior. Drug abuse occurred as the result of drug experimentation (a drug experimenter is defined as one who has illegally or improperly used a drug for reasons of curiosity, peer pressure, or other similar reasons). Drug abuse does not involve recurring incidents, other than drug experimentation as defined above. The member does not desire to engage in or intend to engage in drug abuse in the future Drug abuse under all the circumstances is not likely to recur. Under the particular circumstances of the case, the member's continued presence in the Air Force is consistent with the interest of the Air Force in maintaining proper discipline, good order, leadership, and morale (Noncommissioned officers have special responsibilities by virtue of their status; fulfill an integral role in maintaining discipline; and, therefore, must exhibit high standards of personal integrity, loyalty, dedication, devotion to duty and leadership). Drug abuse did not involve drug distribution. For the purpose of this paragraph, drug distribution means the delivery to the possession of another. Distribution does not occur with the transfer of the drugs from one person to another while such persons are engaged in the mutual use of drugs, except that individuals who obtain, or arrange for obtaining, the drugs used by others are involved in distribution. "Delivery" means the actual, constructive, or attempted transfer of the drugs, whether or not there exists an agency relationship. The burden of proving that retention is warranted under these limited circumstances rests with the member. Findings regarding the existence of each of the limited circumstances warranting a member's retention are required of the board or the separation authority only if: The member clearly and specifically raises such limited circumstances. The board, or in the absence of a board, the separation authority relies upon such circumstances to justify the member's retention.