Military Law

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Marine Corps Rules

Marines and Marine Corps are a branch of the Armed Forces and usually partake in amphibious assaults and inland patrol. Many legal questions can arise when discussing the Marine Corps. Listed below are a few of the more commonly asked questions about the Marine Corps Rules and Laws.

I was a Marine for 4 years and received honorable discharge but received a charge of domestic violence. I want to join the Army, but they say I need a waiver. Should I stick with the plan they have for me or should I try to join the Navy?

You may want to stick with your original plan. The recruiter is aware of the potential problem but is still willing to enlist you. It is very possible that if you change your mind on what branch you wish to enlist in, you may be rejected. Domestic violence has been an issue in the military, therefore the military has been strict with the involvement of domestic violence and how they discipline those who are directly involved. The fact that you never received a conviction for the domestic violence is probably why the recruiter thinks you are eligible for a waiver.

If a Marine is found guilty of a charge in a court martial, does the record transfer over into the civilian sector as a felony, or anything else, or does it just stay on the military record. The person was not discharged for the conviction.

If the Marine is found guilty, the charge will result in a felony in the civilian sector. Normally, a discharge would be part of the punishment; however the marine will still be up for an administrative separation. The marine will be allowed to voice his disagreement before a board and request retention. Depending upon what the Board decides, if they choose separation, the Marine could face one of the following discharges; Other than Honorable, General under Honorable conditions, or Honorable. The decision will be left up to the Service Secretary.

Can a person be removed from service without a formal letter of intent to separate?

Based on chapter 6 of the Marine Corps Separations manual, you must receive a notice of intent to separate. This is a requirement that the command must follow. Command is also required to include the type of discharge and the reason for it. To learn more on this topic, you can read more here: http://www.marines.mil/news/publications/Documents/MCO%20P1900.16F%20W%20CH%201-2.pdf

In the event of an Other than Honorable Discharge, you will have the right to a hearing before a board and an attorney to assist you with the hearing if you don't wave your rights to both.

Will I get into trouble for taking my own leave time and using my money for a medical procedure if I don't tell my command? If I do tell my command, can they refuse to allow it?

You probably wouldn't get into trouble for not telling your command if you were on leave. However, if you were to receive an injury as a result of your surgery, you could face some serious issues. In the event that you were injured from your surgery, it would not be "in the line of duty" which means you may be denied treatment for the injury from the marines/VA. You should make your request to your commander for permission to have the surgery. If you are denied, you need to keep going through your chain of commands. You could face possible prosecution if the command refuses but you go ahead with the surgery that results in an injury.

Is there a way to regain lost time due to a recruiter not doing their job? I am afraid I will lose my rank because he is taking his time.

You can fill out a PAR at the unit that you are going to. You can request that you be promoted to Sergeant based on the facts that transpired between you and your recruiter. To learn more about this topic, you can read more here: http://marines.mil/news/publications/Documents/MCO%20P1400.32D.pdf

Section 2 will cover promotions and remedial promotions.

When you have doubts or questions pertaining to the Marine Corps or laws as they pertain to the Marines, you should ask an Expert in Military Law to assess your case particulars and provide you with legal insights as they apply to your unique situation.
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