The Air Force recently issued DAF Instruction 36-3211: Military Separations, which details increased support for sexual assault survivors, strengthens sexual assault prevention and accountability efforts, and consolidates multiple discharge instructions.
Airmen and Guardians who committed sexual assault offenses were subject to mandatory commencement of discharge proceedings under the previous policy; the amended policy tightens the factors that may be considered for discharge.
These updates help ensure that the discharge decision is objective and that decision makers are focused on the pertinent data in each case.
“Sexual assault is incompatible with our Core Values, the Guardian Ideal, and military service. These revisions will significantly improve our ability to discharge those unworthy of calling themselves Airmen and Guardians,” said Under Secretary of the Air Force Gina Ortiz Jones. “Our policies must set clear expectations and consequences for the force. Everything we do, and everything we say communicates the value that we place, or do not place, on one’s service.”
The department has a zero-tolerance policy for sexual assault and harassment and is accountable for creating a safe working environment for all Airmen, Guardians, and civilians.
The new departmental policy expressly specifies that members who commit sexual assault will face mandatory discharge and that only in exceptional circumstances will a member be considered for an exception to the presumption of discharge.
Exceptions to discharge are no longer permitted if the sexual assault occurred against a child, if abuse of authority is suspected, or if a member has a prior substantiated complaint of sexual assault or sexual harassment.
Furthermore, the criteria focusing on how likely a member was to commit a future act of sexual assault were removed because it was proven to be subjective.
When deciding whether a foundation for a sexual assault discharge exists, if a waiver is acceptable, and whether a member should be discharged if they have committed a sexual assault, the separation authority and board members can no longer consider the following factors:
- Personal, family, or financial circumstances
- Good military character or service record
- Medical or mental health condition
The new policy also incorporates all previous discharge papers, resulting in a complete and streamlined approach to policies affecting all members of the force.
In addition to these discharge policy changes, the department has proposed additional funds in its fiscal year 2023 budget to strengthen sexual assault and integrated violence prevention programs.
“These new objective criteria reflect our commitment to justice for sexual assault survivors and accountability of offenders,” added Secretary of the Air Force Frank Kendall. “We are determined to maintain a culture of respect for the safety, dignity, and personal boundaries of every Airmen, Guardian, and civil servant.”
A link to a chart comparing the old criteria with the new criteria can be found here.