Military Law
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Answered in 21 minutes by:
6/23/2010
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 49,327
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
VerifiedThanks for the chance to help. I am an attorney with over 12 years military law experience.
I'm a Marine and am not familiar with the term "step one"...but he may be referring to an Entry Level Separation or ELS. More info here
http://usmilitary.about.com/od/theorderlyroom/a/getout4.htm
If he is being discharged from Bootcamp for "faliure to adapt" I would bet he will receive an ELS.
Now, if he is actually at Camp Pendleton...if he graduated bootcamp and now is in MCT/SOI -Marine Combat Training/School of Infantry (this is the initial school all Marines go through after bootcamp), then its a different story. The Marines do not typically give an ELS after bootcamp...they figure if they made it through bootcamp, then can be a Marine. So if he is being discharged from MCT/SOI I suspect that it will be for some other basis.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
I'm a Marine and am not familiar with the term "step one"...but he may be referring to an Entry Level Separation or ELS. More info here
http://usmilitary.about.com/od/theorderlyroom/a/getout4.htm
If he is being discharged from Bootcamp for "faliure to adapt" I would bet he will receive an ELS.
Now, if he is actually at Camp Pendleton...if he graduated bootcamp and now is in MCT/SOI -Marine Combat Training/School of Infantry (this is the initial school all Marines go through after bootcamp), then its a different story. The Marines do not typically give an ELS after bootcamp...they figure if they made it through bootcamp, then can be a Marine. So if he is being discharged from MCT/SOI I suspect that it will be for some other basis.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Depends...depends on the charachterization of discharge.
IF they want to give him a poor charachterization, an "Other Than Honorable" discharge, they MUST give him a hearing and an attorney. IF he is still in bootcamp, this will not happen unless he has committed some crime.
On the other hand, if they want to give him a "general, under honorable conditions" discharge, they do not have to give an attorney or a hearing...but this is an honorable conditions discharge...it is not a black mark He will not likely be able to re-enter the service, but but its not a "black mark" otherwise.
IF they want to give him a poor charachterization, an "Other Than Honorable" discharge, they MUST give him a hearing and an attorney. IF he is still in bootcamp, this will not happen unless he has committed some crime.
On the other hand, if they want to give him a "general, under honorable conditions" discharge, they do not have to give an attorney or a hearing...but this is an honorable conditions discharge...it is not a black mark He will not likely be able to re-enter the service, but but its not a "black mark" otherwise.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 49,327
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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