Legal Question in Military Law in California

As a result of being found guilty of assault in an NJP proceeding, I am facing a board at which I must "show cause" to stay in the navy. I don't believe I have any chance of succeeding in showing cause since this is the second time I have been in trouble. I am fearful that I will receive an OTH. I am an officer and am wondering if I can resign my commission before a board is convened. If I were to do this what type of discharge would I receive? I currently still owe the navy about 1.5 years of original commitment.


Asked on 8/29/09, 7:51 am

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

The answer is "yes," you are entitled to submit a resignation in lieu of elimination, however, you cannot make your resignation contingent upon receipt of a particular outcome. As with all officer elimination actions, the Secretary of the Navy (or rather his designee) will ultimately decide the characterization of your discharge. The recommendations of the commanders above you are important. In my experience, these resignations in lieu typically result in General (Under Honorable Conditions) discharges.

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Answered on 9/09/09, 6:53 am


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