When does a judge order an administrative separation?
When does a judge order an administrative separation?
A punitive discharge typically occurs after a judicial conviction at a court-martial, often via dishonorable discharge. An administrative separation is when your command seeks to involuntarily separate you through the administrative (non-judicial) process.
When is an administrative separation a big deal?
An administrative separation is when your command seeks to involuntarily separate you through the administrative (non-judicial) process. An administrative separation can be a big deal, akin to being fired from a job for civilians (albeit with more administrative steps).
How does an administrative separation board make a recommendation?
For the Board to make a recommendation of separation, it is required to find by a preponderance of the evidence that the allegations of misconduct presented against you are true and that they warrant separation. However, the Board can also recommend the separation be suspended.
What are the duties of the administrative separation section?
The Administrative Separation section will prepare and track administrative discharge packages, review administrative board proceedings, prepare discharge board records of proceedings, prepare SJA’s endorsement to CG/CO for signature and mail packages to HQMC.
What happens if the administrative separation Board recommends separation?
If the administrative separation board recommends separation, the board must also make a recommendation as to what the characterization should be, i.e. Honorable, General, Under Honorable Conditions or Other Than Honorable.
Where can I find the NJP governing procedure?
The primary governing procedure for NJP is found in Manual for Courts-Martial, Part V (MCM).7 The MCM applies to all branches of the military.
Can a NJP case result in jail time?
And most importantly, a “conviction” in an NJP proceeding is not a conviction under federal or state law. With regard to the experience of punishment that can be imposed under NJP, in the Army, unlike other branches, is very unlikely to impose confinement (jail time) as a punishment.
Can a NJP be imposed on a servicemember?
First, with the exception of servicemembers “attached to or embarked on a vessel,” NJP cannot be imposed on a servicemember who instead demands trial by court-martial. This effectively means that NJP is theoretically a voluntary process, but is one with a significant threat attached to it.