Administrative Separations

1
Administrative Separations
CWO2 Philbrook Legal Admin Officer Joint Law
Center MCAS, Cherry Point
2
Commander/XO Policy

• Identify the deficiency.
• Decide if there is rehabilitative potential.
• Initiate separation when performance and conduct
  has deteriorated beyond means of rehabilitation.

3
ADSEPS WE DONT PROCESS

• Voluntary
• Education
• Hardship
• Conscientious Objector
• Take it to the (G-1)

• Public Office
• Parenthood
• Reduction/non-selection

4
ADSEPS WE DO PROCESS

• Involuntary
• Convenience of the government
• Entry level performance and conduct
• Homosexual conduct
• Misconduct

• Defective enlistment and induction
• Unsatisfactory performance
• Alcohol rehabilitation failure
• Weight control failure

5
Time Goals

• The prompt forwarding, and review are essential
  for each package.
• Notification of separation starts the clock.
• The 10 day letter received Stops the clock.

6
Separation W/O Board

• If board is not required or waived, separation
  action should be completed within 15 working
  days.
• If not located in the same geographical area, 30
  working days.

7
Separation With Board

• When requested, separation action should be
  completed within 50 working days, after the
  Marine received notification.
• If forwarded to SECNAV, 55 working days after the
  Marine received notification.

8
Time Goals not met!!!

• When there is a significant delay
• Endorsement must include reason for delay from
  the level that caused the delay.

9
Mandatory vs. Discretionary Admin Separation

• Mandatory
• Command must process
• (CO may recommend retention)
• Discretionary
• Command has total discretion on whether adsep is
  warranted or not.

10
Examples of Mandatory

• Drug Abuse 6210.5
• Homosexual conduct 6207
• Domestic Abuse repeat offenders 1004.4f
• Driving Under the Influence 6210.10
• Weigh Control Failure - 6215

11
Examples of Discretionary

• Condition not a disability 6203
• Misconduct - 6210
• Driving Under the Influence 6210.10
• Weigh Control Failure - 6215

12
Convenience of the Government

• Mental Condition Not a Disability (6203.2)
• vs
• Personality Disorder (6203.3)
• Marines ability to function effectively in the
  military environment is significantly impaired.
• 6105 counseling
• Suicide ideations/self mutilation
• Must be documented to have existed prior active
  duty.

13
Convenience of the Government

• 6105 Counseling
• Not required for Personality Disorder if the
  Marine is determined to be an IMMEDIATE DANGER
  to themselves and/or others by psych.
• Be proactive and unless immediate danger, do
  6105 before sending for treatment.
• Cannot process Mental Condition not a
  disability without a proper 6105.

14
6105 Counselings

• Two types
• Warning (required in most cases)
• Processing (encouraged but not required)

15
Selecting Board Members

• Senior member
• 0-4 or above
• On Active Duty
• Members
• Majority shall be commissioned officers
• Enlisted personnel shall be E-7 or above
• Must be senior to the respondent

16
Separations Pay

• Will be paid to Marines involuntary separated
  from active service.
• Marines that are denied reenlistment or extension
  on active duty at own request.
• Enlisted Marines separated due to high year
  tenure are eligible for full separation pay.
• Marines not fully qualified for retention who are
  eligible for separation pay and characterized as
  honorable or general, will be limited to one-half
  the rate of separation pay per DODDIR 1332.14 and
  OPNAVINST 1900.4.
• The Secretary of the Navy (SECNAV) may award full
  separation pay to any Marine.

17
Rates of Separations Pay

• Full separation pay is 10 percent of the product
  of
• (a) the Marines years of active military service
  and
• (b) 12 times the monthly basic pay at the time of
  discharge.
• Marines separated at their own request are
  eligible.

18
Suggestions

• Be proactive with 6105s at the earliest
  opportunity.
• After Notification start the presep requirements
  TAMP/TAP, VA brief, pre-sep physical.
• Watch the dates.
• The longer the unit waits from time of incident
  until processing is started the harder it is to
  process.
• Proof read your packages, dont sign it until you
  know its right.
• If you dont know or arent sure of the answer,
  ask us the question.

19

• Questions?
• Point of Contacts
• LAO, CWO2 Philbrook 466-7102
• ADSEP Chief, SSgt Coleman 466-6825
• ADSEP Clerks 466-2321