Legal Question in Military Law in California

Administrative seperation?

I was recommend for a adminastrative seperation by a navy physcologist, I just found out that i came up positive on a urinalysis before this recommendation was submitted. I have served 4 years reenlisted and am on my 2nd enlistment. Knowone has officalyy informed me of this and in has been almost a month now. What kind of discharge am i facing?


Asked on 3/18/04, 3:47 pm

2 Answers from Attorneys

Re: Administrative seperation?

Generally speaking an administrative discharge for personality disorder is based on your service record marks - for most people this means Honorable. However if processed for drug abuse, or other misconduct, you could receive an Other Than Honorable discharge, depending on all facts and circumstances. You might also be eligible for a hearing before a board of officers/senior enlisted to determine your discharge issues. However prior to, or in addition to, administrative discharge, you might also be sent to Captains Mast or even court-martial for the drug charge, again depending on the circumstances. There are too many variables to be able to provide more information.

You should seek experienced legal counsel as soon as possible to discuss the particular facts of your case and protect your rights.

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Answered on 3/18/04, 4:29 pm
Philip D. Cave Military Law & Justice

Re: Administrative seperation?

Your medical separation will be stopped pending resolution of the allegation of misconduct.

Depending on your unit's attitude, anywhere from an Other Than Honorable COnditions discharge to Bad Conduct Discharge.

Navy commands are all over the place on this one.

Sincerely, www.court-martial.com

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Answered on 3/20/04, 12:03 am


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