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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I'm a probationary officer being recommended with General

Customer Question

I'm a probationary officer being recommended for elimination with General Discharge based on inappropriate relationship, drunken and disorderly conduct, and false official statement. I also received a permanently filed General Officer Article 15 for these offenses. My understanding is that I am not entitled to a board since I'm not being recommended for OTH. I'm torn between resignation in lieu of elimination and discharge in lieu of elimination. My TDS attorney advises I go with a conditional resignation rather than a discharge because discharge will result in undesirable coding on my DD214. Since I'm not entitled to a board, it's my understanding that I can't waive that right or offer it as a condition. All I can do is offer to waive my right to submit matters contingent upon receiving an Honorable characterization, correct? Or would I be better suited submitting an unconditional resignation?
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Your attorney is correct. You are better off offering to resign instead of being discharged.

In either case your characterization of service on the DD-214 you receive with be "General," however, a description of "resigned" will be much easier to explain to potential employers than "administrative discharge."

I hope this helps.

Customer: replied 1 year ago.
Thanks for the help, Peter. That does clear things up a little. So do you think a conditional RILE is my best hope for Honorable? Or would I be better suited submitting matters of explanation/rebuttal/defense? Or do you think there is simply little-to-no hope for receiving Honorable characterization?
Expert:  Peter Griesch replied 1 year ago.

Those charges are typically brought to court-martial. In my opinion, there is little chance you'll receive an honorable discharge. You're better off with a resignation than you are a discharge.

In the grand scheme of things, you'll still have a general either way, but I think that one way will present fewer problems when you're seeking a job.

Expert:  Peter Griesch replied 1 year ago.

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