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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I'm getting out of the military and my chain of command is

Customer Question

Hi I'm getting out of the military and my chain of command is threatening me by giving me an SP eval because of not getting my esws. They said that the eval might effect my discharge from honerable to something else. I just wanted to know if that's true.
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

It depends why you didn't get your surface warfare badge. If it was because you met all the criteria, but let's say were not recommended because of conduct, then your conduct and performance might only rate a general discharge, depending upon how you have been evaluated and the paper you were given.

Other than conduct, no, failure to achieve the badge in and of itself should not give you less than an honorable discharge.

Customer: replied 1 year ago.
Well hoestly I didn't get it cause I didn't feel the need to since I was leaving the navy. I've never been to mast never gotten in trouble so the fact that My discharge could be changed because of that got me worried
Customer: replied 1 year ago.
Also my last eval were mp, my new Co just put this policy out. If we don't get our esws then we get an sp eval
Expert:  Peter Griesch replied 1 year ago.

Failing to qualify for a primary MOS, for example, murkiple time, could warrant a less than honorable discharge, as could misconduct.

If you were not required to obtain the badge, and received an lesser evaluation, that is not appropriate. Additionally, receiving less than an honorable would not be appropriate.

Expert:  Peter Griesch replied 1 year ago.

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