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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19221
Experience:  Lawyer and current JAG officer.
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I am now getting admin separated from the Marine Corps. Ive

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I am now getting admin separated from the Marine Corps. I've served under 4 months in the military and am getting stepped due to a refusal to train. I saw on my chart that they had put served for less than 4 months. I was curious on what type of discharge are they going to put. I know that it should be an OTH and everyone I know who has done the same thing has gotten an OTH but they've also served for way longer than 180 days. I am wondering if I too will get an OTH or if I qualify and will get an ELS. What're the chances of getting an ELS if I am around my 100-110 day mark. Is it guaranteed I will get the ELS?
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

Ok. Having less than 180 days doesn't make it so that you legally have to receive an ELS. If a person is subject to and eligible for multiple different discharge statuses, the commander will have the option to choose the most appropriate.

Could you get an ELS? Yes, but there isn't anything that would force or compel the commander to give that discharge status. You could also get the OTH or General.
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Customer: replied 4 years ago.
Now do you know how long it usually takes for administration to process someone out?
There is no set legal time, but they can be processed in as little as two weeks or they can drag on for two months, depending on the motivation of the commander.