Administrative Separation

Introduction

Types of Administrative Separation

Marine Corps

MILPERSMAN Chapter 36

Expeditious Recommendation

Rules for Court Martial

Summary

Introduction

Administrative separation is a process by which a military service member leaves active duty before the end of his or her enlistment. It is a common fallacy that administrative separation always means a bad discharge. A dishonorable or bad conduct discharge (BCD) may only be imposed through the action of a court martial. The other than honorable (OTH) discharge can only be imposed through the action of an administrative board. If a service member is granted an administrative separation by any means other than those stated above, such as for a physical or mental condition, then the discharge will be characterized as "general, under honorable conditions". Often the biggest price a service member pays for accepting such an administrative separation is the loss of their VA benefits, including tuition assistance. He or she must also explain to future potential employers why their service was cut short.

MILPERSMAN Chapter 36

Administrative separation requires a basis or reason for separation. Charter 36 of MILPERSMAN lists numerous grounds for administrative separation, including hardship, parenthood, pregnancy/childbirth, conscientious objection, being a sole surviving family member, somnambulism, enuresis, motion/air sickness, allergies, excessive height, and personality disorders. Psychiatrists and psychologists make recommendations for administrative separation when a personality disorder is diagnosed and when substantial evidence exists of a disorder of personality that either makes the service member dangerous to themself or others, or makes it exceedingly unlikely that he or she will successfully adapt to military service. The diagnosis of a personality disorder does not, in itself, require a recommendation for administrative separation, however. In fact, many individuals with personality disorders function very well in highly structured military environments.

Types of Administrative Separation Related to Psychiatric Diagnosis

In the Navy, recommendations for administrative separation on the basis of a personality disorder come in two types: routine and expeditious. A routine recommendation concludes that the personality disorder is of such severity as to render the member incapable of serving adequately in the Naval Service. Routine administrative separation for personality disorder requires counseling, documented by page 13 entries in the member's service record, followed by a reasonable period of time to respond to counseling. Only when a service member so counseled fails to correct his or her behavioral problems can the request for administrative separation be submitted for approval. It is easy to see that a routine recommendation takes considerable command motivation and effort, and usually several months to implement.

What is an Expeditious Recommendation?

An expeditious recommendation includes a clause, in addition to the words of the routine recommendation that states that the member is a continuing danger to himself or others. This clause creates an exception to the policy of administrative counseling and documentation. No counseling is required, and the discharge request receives expeditious consideration such that, in some cases, the service member may be discharged within 5 working days. Commands sometimes request that a psychiatrist or psychologist make an expeditious recommendation, if one is possible. Referred service members, themselves, also sometimes request this type of recommendation once they learn of its existence. However, Navy mental health professionals must only make recommendations for expeditious administrative separation when the patient’s history gives a strong indication of ongoing dangerousness, usually because of a pattern of prior self-destructive or seriously assaultive behaviors.

Guidance with the Marine Corps

Marine Corps regulations are slightly different with regard to administrative separation on the basis of a personality disorder. The Marine Corps calls its administrative counseling and documentation "nonmedical evidence". Nonmedical evidence is required in all cases to process a Marine for a personality disorder discharge; there is no expeditious exception to policy. Due to this policy, it is usually more difficult for a Marine to be processed for separation on the basis of a personality disorder.

Rules for Court Martial (R.C.M. ) 706

A recommendation for administrative separation is sometimes accompanied by a statement that the member does not possess a severe mental disease or defect for purposes of R.C.M. 706 examinations and that the member is considered legally competent. R.C.M. 706 refers to the insanity defense used at courts-martial. This statement signals the command that they may proceed with any legal charges that are pending.

Summary

Remember that although unsuitable, members with personality disorders are deemed fit for full duty and, therefore, physically qualified for separation, unless some other disabling physical or mental condition exists.

References

  1. NAVMILPERSMAN articles 3620200, 3620225

  2. Marine Corps Separations Manual, chapter 6.

Revised by CAPT William P. Nash, Psychiatry Specialty Leader , Naval Medical Center San Diego, San Diego, CA (1999).

Preface  ·  Administrative Section  ·  Clinical Section

The General Medical Officer Manual , NAVMEDPUB 5134, January 1, 2000
Bureau of Medicine and Surgery, Department of the Navy, 2300 E Street NW, Washington, D.C., 20372-5300

This web version of The General Medical Officer Manual, NAVMEDPUB 5134 is provided by The Brookside Associates Medical Education Division.  It contains original contents from the official US Navy version, but has been reformatted for web access and includes advertising and links that were not present in the original version. This web version has not been approved by the Department of the Navy or the Department of Defense. The presence of any advertising on these pages does not constitute an endorsement of that product or service by either the Department of Defense or the Brookside Associates. The Brookside Associates is a private organization, not affiliated with the United States Department of Defense. All material in this version is unclassified. This formatting © 2006 Medical Education Division, Brookside Associates, Ltd. All rights reserved.

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