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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34755
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son just got a honorable discharge from the Air Force for

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My son just got a honorable discharge from the Air Force for failing a test in tech school he was 2 weeks from graduation is there any thing we can do
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me what was the basis for the separation? Was it failing the test?
Customer: replied 4 years ago.
Yes he Was at Kessler Air Force base. And failed a block test
We are having a hard time with this as he had devoted 6 years to the Air Force
ahh....6 years is the magic number...

Can you tell me, was it OVER 6 years before his discharge? And if so, was he given a hearing to plea his case to remain in?
Customer: replied 4 years ago.
He has only be in for less. Then a year his just got dischare 10 days ago
And now is home ! His school was cyber transport in Kessler his order were to go To Las Vegas base this week but he got honorable discharge 3 weeks before graduating for failing one test
Thank you

I am sorry to have to bear bad news. If he was discharged with an honorable discharge, it is unlikely he can do much of anything

This is based on the rules surrounding the administrative discharge process.

The services, including the Air Force, have great latitude in setting the rules for separation of service members. The Air Force rules are contained in Air Force Instruction 36-3208. This regulation (which used to be available online...before the Air Force removed it) allows the Air Force to separate an Airman if they are not able to meet academic standards

So for your son, in order to be reinstated, he would need to prove, in essence, that he did meet academic standards

He can apply to the Air Force Board for Correction of Military Records. This agency has the power to change records, and can even order a service member to be reinstated. But the burden of proof lies with the servicemember. Your son would need to prove that he met academic standards.

And he would need to provide evidence to support. The Air Force Board for Correction of Military Records gives a presumption of regularity to the service...they presume the unit got it right. The applicant must present evidence to overcome this presumption.

So unless he can prove he met academic standards..basically, prove he did not fail the test, he will not be able to get back in

I am very sorry to have to bear bad news

Let me know if you have more questions.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 4 years ago.
I guess my problem is the other airmn that failed
Got a chance to pick a new job and some got to re take test is that fair?
Customer: replied 4 years ago.

Why then did others kids that also fail 1 test. Some got to take test again and some were given a chance to apply for other jobs

Good question. And the answer is that the commander has discretion on whom they separate. So for whatever reason, your son was not given the same latitude as others. This is not improper (not unless it was done based on race/gender/national origin or some other protected class).

Perhaps not not fair.

But within the discretion of the commander.