I am an 0-4 Cat E reservist. I was found guilty of a AFI 36-3209 ch 4 offense. I received an LOR, a referral OPR, and lost my promotion to 0-5. I went before an administrative discharge board. They unanimously felt the offense wasn't that severe and was granted retention. The AFR/CC sent me a letter agreeing with the board's decision and directing retention himself. My supervisor is still refusing to allow me to participate and finish my last 2 years (I currently have 18 yrs). I also, now have a mandatory separation date of April 2014 as a result of being deferred for promotion. Do I have any recourse?
State/Country relating to question: Colorado
I've tried finding another job. I was offered two different jobs, but then the offer was withdrawn when they realized I only have 2 years of retain-ability
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You asked whether you have any recourse for:
1)...your mandatory separation date of April 2014.
The results of your administrative board prevented you from being 'kicked out' of the Reserves, whereas the promotion board decided 'whether you should advance.' One would logically expect that the standard required to simply be retained in the service, is lower than the standard one would expect in order to be eligible for advancement.
Even if the administrative board had completely absolved you of any wrongdoing/misconduct/basis for separation, the promotion board could have decided on their own accord not to recommend you for promotion. But in that case, they should have respected the decision of the administrative board, and looked at the merit of your record minus the incident or problem that lead you to face an administrative board.
However, that is not your situation.
Administrative Boards answer three questions; which boil down to 1) Did he do it (meet the criteria for separation)? 2) If so, should he be kept anyways? 3) if he should not be kept, what should his characterization of discharge be.? You say that you were found "guilty," meaning the board answered question #1 in the affirmative. In this case, the promotion board was able to rely on that finding, and consider it, when deciding whether or not you should be promoted. Moving on to #2, a recommendation to keep you in the service, is not the same or equivalent to an endorsement that you should stay in AND later be promoted.
Sorry, I do not see any recourse here.
2)...your supervisor refusing to allow you to participate and finish out your next two years.
Selected Reserves Category E means you are not in a paid billet, and are drilling for retirement points only. I'm new to the Reserves myself, but my understanding is that you have to compete for particular billets. I'd be surprised if your supervisor is allowed to prevent you from drilling, if you are still assigned to his command? What is your understanding of why he isn't letting you drill?
If your supervisor is out of line and is disobeying the direction/desires of a superior (namely that the Air Force powers-that-be that have assigned you to his unit), you could always respectfully XXXXX XXXXX conflict with him and then go to the next level above him. You have to address it through the chain of command until your Commanding Officer fails to correct the problem (that you've presented to him in writing), then you can file an Article 138 complaint against him/her (which is pretty serious), the Air Force instruction on how to do this is here, http://www.af.mil/shared/media/epubs/AFI51-904.pdf I have a feeling s/he has a legitimate reason outside the finding of the admin board though, what has s/he told you?
Sincerely, XXXXX XXXXX
Former Navy JAG, Court-Martial, Administrative Board, Discharges, Non-Judicial Punishment (NJP)
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