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Military Administrative Discharge

What is Administrative Discharge?

An administrative discharge is a non punitive discharge before the completion of a Military enlistment. It is a way for the military to get someone out of service without negatively affecting any post-service benefits .Many questions arise when dealing with administrative discharge from what rights does the individual have to what types of discharges there are. People can seek the help from Military Experts to answer complex questions when dealing with Military administrative discharge, Air Force administrative discharge and Navy administrative discharge. Read below some of the top Administrative Discharge questions that have been answered by the Experts.

If a person is receiving an administrative discharge do they rate a severance check after 12 years of service because they were involuntarily separated?

A person would not receive severance pay if the reason for separation is for misconduct or for voluntary discharge. If a person was in fact involuntary separated then they would be eligible for receiving severance pay.

How would a soldier go about quitting a military boot camp?

If a solider feels the need to quit boot camp, then he or she needs to talk to their Commanding Officer and try to convince them that it is in the military’s best interest to grant the soldier an administrative discharge. The only way for a soldier to leave the military before their contract is over is through the administrative discharge.

Does a person who has been voluntarily discharged have a case to receive compensation for a injury if they were offered a deal promising a 2 year bar from re-enlistment instead of a lifetime bar?

Because of the Feres Doctrine a person would not have a case. This comes from a Supreme Court case that says that a law that relinquishes some of the government’s sovereign immunity also called the Federal Torts Claims Act. This would not be used for members of the United States military and what may have occurred during service in the military.

Would it make a difference in a administrative discharge for Convenience of the Government if the Commanding Officer (CO) recommends that a person’s service characterization be a Honorable Discharge if the persons initial notification of separation says that the characterization would be General (under Honorable conditions)?

If a Commanding Officer (CO) makes a recommendation from the CO would make a great difference in this type of case unless the person facing administrative discharge has had problems such as Captains Mast.

What is the potential time a person would face if they turned themselves in after 6 months missed to movements and a deployment?

The maximum punishment a person could face if they have a Special Court Martial in which the person being charged could face 12 months confinement, 2/3 pay forfeiture for 12 months, reduction to the lowest pay grade and be issued a Bad Conduct Discharge.

Administrative discharge is a way for the military to terminate someone before the persons enlistment is complete and not affect any post-service benefits. When faced with administrative discharge question people are unsure of what questions to ask and to whom they should ask. When faced with these types of questions a person should contact an Expert in Military Law.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11888
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Administrative Discharge Questions

  • If I get aggravated assualt charges against me while on active

    If I get aggravated assualt charges against me while on active duty will it follow me to civil***** *****fe?
  • Need advice

    Hi, I am in the Air Force I haven't had a drug test but I openly told OSI that I have smoked while being in the military. I have a previous track record and I know I most likely will be getting separated. What are my options to fight my case? I will likely be punished under article 112a my case is under 30grams so max punishment is dishonorable loss of all pay and 2 years confinement.

  • Im with the ANG. I was arrested for a DUI on May. I had a

    Im with the ANG. I was arrested for a DUI on May. I had a .05 BAC and it looks like all charges are going to be dropped. I was a 4 time PT failure. Besides that, I have an excellent record. My ETS was 29 Sep(past). They tried to give me a General Discharge for the DUI and Im in the process of rebuttal. Now they want to give me a General Discharge for the PT failures.
    What are my options?
    Can I get an Honorable Discharge?
    Can they make me go to the base?
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