MARINE CORPS BASE HAWAII, KANEOHE BAY, Hawaii -- (Editor's Note: This article educates Marines and Sailors about administrative separations. The information provided is a brief synopsis about the process and rights available. Marines and Sailors should consult an attorney for complete details.)
Unfortunately, each year the Navy and Marine Corps lose service members who are separated with less than honorable discharges.
Marine Corps Base Hawaii lost 240 Marines and Sailors in 2002, through administrative discharge. Of that number, 183 admin separations were because of some form of misconduct, the majority of the cases resulting in the respondent receiving an other than honorable discharge.
Marines and Sailors do have rights, even when pending administrative separation. However, armed with the facts and knowledge that an administrative separation can affect them when they depart the military, hopefully, service members will avoid becoming involved in the process.
The Administrative Separation Process
Depending on the type of misconduct committed, you may find yourself pending trial by courts martial rather than pending administrative separation.
Besides courts martial, there are nonjudicial punishments, competency review boards, page 11 counseling entries in your service record book, and other adverse administrative actions that can be administered in response to an incident.
Due to the complexity of the military justice system, it is always advisable for you to speak with an attorney concerning your legal situation.
Administrative Rights
What I believe to be the most important right of all is the right to consult with counsel.
Even the notification letter that the commanding officer signs indicates it is in your best interest to consult with counsel, prior to waiving any of your rights.
This right to consult with counsel is at no cost to you, if you use military counsel.
You may still decide to waive all rights, after consulting with counsel. However, you will have done so with a full understanding of the rights you have available.
Probably, your second most important right is the right to an administrative discharge board. However, this right does not apply to all administrative separations.
Separations that provide for an administrative discharge board are so indicated both in the commanding officer's notification letter and in your acknowledgement of rights letter. These letters specifically detail all the rights available to you if you elect a board.
If you elect an administrative discharge board, there are numerous rights that accompany your decision.
Basically, the purpose of an administrative discharge board is to review your entire package, hear both the government and your side of the case, and then determine if you should be separated.
If the board determines you should be separated, it also determines with what type of characterization you will be separated.
For a complete listing and to fully understand all of your rights before an administrative discharge board, again, it is advisable to consult with counsel who will go through each of the rights with you, to ensure you understand them.
Another important right is your ability to obtain a copy of documents that will be forwarded to the "separation authority" supporting the proposed discharge.
I recommend that anyone who is processed for administrative separation always elect this right.
In a nutshell, you get a copy of your discharge package handed to you. So, if you ever decide to petition the Naval Discharge Review Board or the Board for Correction of Naval Records, you have the discharge package to assist you in doing so.
Paragraph 6210 of the Marine Corps Separation and Retirement Manual indicates that for misconduct discharges, "Characterization
of service normally shall be under other than honorable conditions."
Misconduct discharges include minor disciplinary infractions, a pattern of misconduct, sexual perversion, drug abuse, commission of a serious offense and civilian convictions.
Paragraph 1004.2a(2) of the same manual, charges commanders and separation authorities with ensuring that undeserving Marines receive no higher characterization than is due them.
Marine Corps Base Hawaii's 2002 administrative discharge statistics indicate that if you are processed for administrative discharge for misconduct, it is highly likely you will receive an other than honorable characterization of service.
In some cases, former service members have discovered that the resulting stigma of receiving this characterization has been devastating.
Unfortunately, once you are the subject of the administrative separation process, the odds are stacked against you.
Service members must make noble decisions when faced with unscrupulous alternatives, if they hope to earn an honorable discharge and a smooth transition into civilian life.