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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35003
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have two questions. First, what happens if someone fails

Customer Question

Good evening.
JA: Hi. How can I help?
Customer: I have two questions. First, what happens if someone fails the PFT or CFT in the Marine Corp?
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: no.
JA: Are you overseas or stateside?
Customer: Stateside.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I have a friend who is in the Marine Corp Reserves and is going UA. What is going to happen to him? Is he going to go to jail?
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

You mention 2 questions...what is the 2nd?

Customer: replied 2 months ago.
It should be in the chat above with the assistant.
Expert:  P. Simmons replied 2 months ago.

Is it if your friend will go to jail?

Customer: replied 2 months ago.
sir.
Expert:  P. Simmons replied 2 months ago.

Thanks
I have some thoughts and will type them up...just a moment please

Customer: replied 2 months ago.
Thank you.
Expert:  P. Simmons replied 2 months ago.

failing the PFT or CFT, a single time? Really not a big deal. They will be placed in "remedial physical training"...so they may have to work out a bit more than normal until they are able to pass the test. But it is not a big deal.

Now...fail 2 in a row? That is something that could lead to separation. But a single failure would not.

As for the friend going UA?

From the reserves?

Most likely they will be separated from the Marine Corps with an OTH (other than honorable) discharge. It is not common for a court martial to be convened for a Marine who is UA from reserve duty. That only happens for Marines on active duty

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
If you fail, once do you have to retake it?
Expert:  P. Simmons replied 2 months ago.

Yes, the test is administered semi annually. But if you fail, the command will typically have the Marine take it again, for score, once they are able to pass

Customer: replied 2 months ago.
Back to my friend, what is the OTH process?
Expert:  P. Simmons replied 2 months ago.

They have to give him notice in writing of the intent to separate with an OTH and the opportunity for a hearing on the matter. If they elect a hearing, once the hearing determines an oth is appropriate (they will...since he is UA) they will award the OTH

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
How long is that process usually? And how many drill does he miss before they start the process?
Expert:  P. Simmons replied 2 months ago.

The process does not take long...a few weeks. And the typically will start the process after 2 missed drills in a row

Expert:  P. Simmons replied 2 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil