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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: 11987
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Administrative Discharge Questions

  • Hi. Ive been in for a little over 5 years and I'm in my

    Hi. Ive been in for a little over 5 years and I'm in my second enlistment. I recently got two ARI's and had a suspended bust with my first ARI. I am going to NJP. I asked for treatment but didn't have a meeting for treatment until after my second incident. Can I fight it?

  • I would just like to know if I have a case or not.I hereby

    I would just like to know if I have a case or not.I hereby respectfully ***** ***** you examine into my complaint of wrong. I was trying to file an Article 138 Complaint against my Chain of Command for harassment and manipulation. After doing further research, I’m unable to file because it involves Non-Judicial Punishments. I strongly believe that I was wronged by my Commanding Officer and SGTMAJ. I went from a motivated Corporal of Marines to a private in roughly 15 days. I want to start off by saying that I was sexually assaulted October 13, 2013. I haven’t been the same since the bump in the road. I developed a severe case of depression, Non-Combat PTSD, and Substance Abuse disorder (Alcohol). I'm currently taking 150mg of Zoloft for anxiety. I requested help from my Chain of Command and was sent to a Rehabilitation Center in San Diego California. When I was finally discharged, I was motivated and excited as every to get back to work. I walked a fine line until August 1, 2014. I was scheduled to rotate back to the States on the 2nd of August. An underage Marine went into my fridge and chugged 4 -5 beers and met up with us at the bar. After the bar, we decided to go to the E-club. Then the underage Marine was caught on his way from the restroom staggering. He was arrested and sent to PMO. I told them he wasn’t drinking and that he was with me all night. He wrote a statement for PMO stating that he had took the alcohol from the Smoke pit. He had written a statement to the SGTMAJ stating that him and I went up to my room and drank the alcohol together. There’s supporting evidence from the video cameras that shows that I never left the bar along with witnesses. During the command investigation, every month I had to report to the Commanding officer and SGTMAJ for my liberty risk hearing. After the hearing I would have to go to the SGTMAJ’s office where he would insult and belittle me by calling me stupid and discussing my sexuality in the presence of my Staff. He would even bring my mother into the conversations. I find that to be very unprofessional and disrespectful, and instead of my Staff NCO’s stopping the harassment, they would ignore it and sometimes laugh. During the investigation, none of my witnesses were called to make a statement. After the investigation was over, the underage Marine had to report to the Commanding Officer for his Non-Judicial Punishment hearing. He admitted to drinking on several occasions and having sex in the barracks. The Commanding Officer took half his pay for two months. I had an anxiety attack that night and the next morning I was told to report to the SGTMAJ’s office. It was an intervention with my Staff NCO’s and SGTMAJ. They were convinced that I was going to harm myself. The SGTMAJ then asked my leadership to leave the room. The SGTMAJ was being very humble one on one with me. He took me around his office and explained to me what everything meant. After the tour of his office, we sat down and he started talking to me. He told me if I admit to giving the Marine Alcohol, then I would lose one rank and I would be able to leave to go to my next duty section. He had me read the underage Marine's statement so I could match it to the best of my ability. I noticed they only had the one statement he gave incriminating me and not his initial one, and the one after. I didn’t want to admit guilt, but I didn’t want to make him angry. The next day before my hearing he pulled me away and reminded me what I should say and if I do it then there would be a good chance I wouldn’t lose rank. I trusted him and I did what he said. I was sentenced with 2 months half pay, loss of rank, and 60 Days Restriction. After the NJP trial he took me in his office and said that I had a clean slate with him and if I make the check-ins on time then I would be able to leave and be home for Christmas. 3 days later, I was NJP’d again. I showed up 20 min early for check-in, then I was sent away because I was early and I ended up falling asleep outside. I woke up and hour later. The SGTMAJ recommended I get admin separated and the Commanding Officer approved for a pattern of misconduct. Me showing up an hour late was enough for them to separate me from the Marine Corps. I honestly think that was clearly unfair and an abuse of discretion.The SGTMAJ threatened to call my Mother, and threatened me with brig time.I received my next NJP for missing a check-in a week later and again the SGTMAJ would have me report in and continue the cycle. I explained on numerous occasions that I’m taking sleep Medication. I went to medical and explained to them how I’m getting in trouble for the Zoloft they were giving me and how its negatively affecting me. They just told me it was the Commanding Officer's discretion. He insisted on letting me know that if I screw up then he would throw me in the brig and make sure I share a cell with the guy that sexually assaulted me. (There's more I need to add,I'm running out of charact)
  • I am in the US Air Force Reserves. I live in and was charged

    I am in the US Air Force Reserves. I live in and was charged in Pennsylvania. Simple Assault: 18 § 2701 §§ A3 (Lead) and Disorderly Conduct Hazardous/Physi Off: 18 § 5503 §§ A4 I was offered an ARD(Accelerated Rehabilitative Disposition) program. Are you able to stay in the Air Force Reserves while on an ARD() program or will I receive a discharge for it? It would not affect my Drills weekends. I'm also scheduled for a deployment, but was told that submiting my orders for the deployment would supposedly allow me to get off the ARD program early. I tried contacting Wright Patterson AFB defense counsel and was told they couldn't give me an answer, that I must talk with a civilian attorney. My public defender doesn't have an answer for me either, he seems to just want to do whatever is easiest for himself.

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