Military Law

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What is Administrative Discharge?

An administrative discharge is a non-punitive discharge before the completion of a Military enlistment. It is a way for the military to get someone out of service without negatively affecting any post-service benefits.  Read below some of the top Administrative Discharge questions that have been answered by the Experts.

If a person, who was involuntarily separated, is receiving an administrative discharge do they rate a severance check after 12 years of service?

If a person was in fact involuntary separated, then they would be eligible for receiving severance pay. A person would not receive severance pay if the reason for separation is for misconduct or for voluntary discharge.

How can a soldier quit a military boot camp?

If a soldier feels the need to quit boot camp, then he or she needs to talk to their Commanding Officer and try to convince them that it is in the military’s best interest to grant the soldier an administrative discharge. The only way for a soldier to leave the military before their contract is over is through the administrative discharge.

Does a person who has been voluntarily discharged, with a promise of a 2-year ban from re-enlistment, have a case to receive compensation for an injury?

Because of the Feres Doctrine, a person would not have a case. This comes from a Supreme Court case that says that a law that relinquishes some of the government’s sovereign immunity also called the Federal Torts Claims Act. This would not be used for members of the United States military and what may have occurred during service in the military.

Can a soldier receive an upgraded discharge if the CO recommends their service characterization deserves it?

If a Commanding Officer (CO) makes a recommendation it would make a great difference in this type of case unless the person facing administrative discharge has had problems such as Captains Mast.

What consequence could a soldier face if they turn themselves in after missing six months of movements and a deployment?

The maximum punishment a person could face if they have a Special Court Martial in which the person being charged could face 12 months confinement, 2/3 pay forfeiture for 12 months, reduction to the lowest pay grade and be issued a Bad Conduct Discharge.

Administrative discharge is a way for the military to terminate a soldier before their enlistment is complete and not affect any post-service benefits. When faced with administrative discharge questions some are unsure of what and to whom they should ask. When faced with these types of questions a person should contact an Expert in Military Law.

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