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ADC - Denial of Reenlisment

BARKSDALE AIR FORCE BASE
AREA DEFENSE COUNSEL
FACT SHEET ON DENIAL OF REENLISTMENT

The following is provided to our clients who have been notified that their commanders have denied them for reenlistment. Read this information very carefully - it is intended to familiarize you with the basics of the action and what your rights are in response. This handout is not intended to be comprehensive, but merely a starting point for your understanding. We strongly encourage you to ask either your defense counsel or the defense paralegal any questions you might have about the information in this handout, or about anything related to your case and our representation.

1. Notification: According to AFI 36-2606, paragraph 1.10, a commander notifies an airman of denied for reenlistment via an Air Force Form 418. This form documents the supervisor's and the unit commander's recommendations and rationales.

2. Personal Interview: The commander personally informs the airman of the proposed denial of reenlistment. During this meeting, the commander discusses with the airman the specific reasons for denied and areas needing improvement.

3. Basis: Commanders make denied decisions based on substantial evidence. They consider EPRs, unfavorable information from any substantiated source, the airman's willingness to comply with Air Force standards, and the airman's ability (or lack of) of meet required training and duty performance levels.

4. Your Rights: You may appeal a denial of reenlistment, according to the procedures in AFI 36-2606, paragraph 1.13. Specifically, you must acknowledge receipt in Section IV, and indicate your intent to appeal the action in Section V within 3 workdays thereafter. You must submit your written appeal of the commander's decision to the Military Personnel Flight (MPF) no later than 10 calendar days after completing Section V. If the 10th calendar day falls on a weekend or a holiday, the appeal is due on the next duty day. The MPF will forward your appeal to the base legal office for a legal review, and then up the chain of command to the final appellate authority in your case. You will have another 3 workdays to rebut any new information added to your case file after you submit your appeal.

5. Appellate Authority: Who will make the final decision on your appeal depends on your total active federal military service (TAFMS). The decision of the appellate authority is final.

- If you are a first-term airman or a career airman who will complete 20 or more years' TAFMS on your current ETS, your appeal will go to your group commander, unless the group commander made the initial decision, in which case the appeal goes to the wing commander.

- If you are a second-term airman or a career airman who will complete fewer than 16 years' TAFMS on your current ETS, your appeal will go to the Director of Personnel for your parent Major Command (MAJCOM/DP).

- If you are a second-term airman or a career airman who will complete at least 16 years but fewer than 20 years TAFMS on your current ETS, your appeal will go to the Secretary of the Air Force.

6. Appeal Contents: You should submit in writing any matters you want the appellate authority to consider in determining whether or not you should be permitted to reenlist. Some of the factors that you may wish to address are your completion of Professional Military Education (PME); your potential to performance and military record that qualifies you for reenlistment; and recommendations from supervisors, co-workers, and officers showing your favorable qualities.

7. Effects of a Denial of Reenlistment: If you are denied for reenlistment and do not appeal or are unsuccessful on appeal, you will also be ineligible to test for promotion for to sew on new rank. You will not be administratively discharged under less than honorable conditions solely because of a denial of reenlistment. However, the reasons underlying this action may, in combination with other information, serve as the basis for a later administrative discharge.