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What would happen if I intentionally failed a Navy PRT? It

What would happen if I...
What would happen if I intentionally failed a Navy PRT ? It is the only way out that I see by failing 2 prt's in a row, or by popping positive on a urinalysis test.
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Answered in 1 minute by:
11/15/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,289
Experience: 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience, including experience with the DoD. I hope to provide you information that will help you in resolving your question.

As you likely know, under NAVADMIN 178-15 “ A sailor who fails two PFA cycles in the latest three year period shall be processed for administrative separation.”

You cannot receive a dishonorable discharge through an administrative separation.

You may receive one of the following discharges:

  • Honorable;
  • General (Under Honorable Conditions); or
  • Other than Honorable.

If the Command has reason to believe that you intentionally failed the PRT you will receive the other than honorable. The OTH is issued when the sailor demonstrates a pattern of behavior, act(s) or omission(s) that are a significant departure from conduct expected of military members. It would depend on how careful and discrete you are moving forward as to whether the Command would suspect an intentional fail.

The more likely outcome would be A General (Under Honorable Conditions) discharge. A General Discharge is not optimum. It is used when negative aspects of the Sailor's conduct or performance outweigh are significant. The General Discharge may disqualify you from some benefits.

HOWEVER, it is possible to have the Discharge upgraded down the line.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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See this chart for benefit eligibility based on discharge:

http://www.mcasiwakuni.marines.mil/Portals/112/Docs/sja/discharge%20list.pdf

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 2 days ago
would you say the outcome if my command suspected I failed on purpose would be a OTH or Genera discharge ? Just to clarify

If they have evidence that you intentionally failed you will probably receive the OTH.

Otherwise you will probably receive the General.

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,289
Experience: 30 years of experience
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Customer reply replied 2 days ago
Thank you sir!
Customer reply replied 1 day ago
I had one more question regarding this sir, if my command did suspect that I failed the Pfa on purpose could they potentially charge me with any articles from the UCMJ and get a Dishonorable discharge...?
Or would that most likely not happen and I would just receive a OTH discharge?

That is highly unlikely, but I can not say it is impossible. The current policy for these issues is an administrative discharge.

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