My son had a special Court Martial and the judge felt that he was a good marine that made a big mistake by testing positive for marijuana. He received letters of reference from his Master SGT, a Gunnery Sgt and a Warrant Officer plus reference letters from home. He has to serve 22 more days, but on his Record of Trial the section that states Discharge says NA? He was demoted to pfc and will loose pay but I am confused as to why the paperwork did not have anything in the discharge section other than NA? Can you help me by explaining what this Record of Trial means?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.That is huge.N/A means "non applicable"It means that he was not awarded a punitive Discharge. That is good.Not to say that the Marine Corps can not separate him...they can separate him administratively. But not with a Bad Conduct Discharge. The Record of Trial is the official record of proceedings.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
I finally received something from his. Jag officer and he is stating that the courts cannot grant a admin board discharge. My question is who does have the authority? And why would the record of trial state that they are going to take 500 a month for 4 months if they are doing a discharge?? Sorry I am confused and I have the utmost confidence in your knowledge!
That is correct, only the commander (commanding general) can separate administratively.But the court can fine him. That was the fine $500/mo for 4 months.If they discharge him he will not owe any money (after the discharge) but if they do not discharge he will have to pay the fine
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