1) Stay out of trouble
The biggest mistake that Marines make when they are told they are being kicked out of the Marine Corps (often with an “OTH”) is to throw in the towel and engage in additional misconduct. I represented an officer who tested positive on a urinalysis. He was so upset about the result, that he actually went out and got high after Mast. And then he tested positive on a second urinalysis that was given a few days after NJP! When I looked at the first urinalysis, there were lots of issues with the collection procedure and testing. But the second one was good (and my client had admitted he used drugs to his XO). Had he just stayed out of trouble, he would likely still be in the Marine Corps!
2) Don’t make any statements
Remember, even if you did do what they say you did, it doesn’t mean they have the evidence needed to kick you out of the Corps. The Marine Corps must have evidence to prove by a preponderance (51%) that you violated the MARCORSEPMAN section that they are using to administratively separate you – whether it be a positive drug test, a PFT failure, a serious offense, etc… You have the right under Article 31(b) to remain silent and refuse to answer any questions at any time – during the investigation, NJP, and administrative separation processing. If they don’t have the evidence, you stay Marine Corps.
3) Don’t complete the adsep paperwork without speaking to a lawyer
You may want to hire a civilian lawyer to help you immediately after you figure out that your career is in trouble. Here are some reasons why I recommend a civilian lawyer:
At a minimum, you should review the paperwork with a JAG from the Defense Service Office (DSO) – a listing of offices can be found at www.hqmc.marines.mil/dso. Your command MUST GIVE YOU TWO BUSINESS DAYS to complete the adsep paperwork. Don’t elect your rights or return the form until you have a lawyer look at it to make sure that you have completed the paperwork correctly and elected all the rights to fight for your career.
4) Don’t waive anything
Command legal officers are worse than used car dealers – they will tell you the benefits of waiving everything to get out of the Marine Corps as soon as possible. Don’t be fooled, and don’t be shortsighted. You get one shot to fight against being kicked out of the Marine Corps, and if you waive your rights, you never get those rights back. Also, THERE IS NO AUTOMATIC DISCHARGE UPGRADE. Check out this post:
Your discharge will impact your future educational and employment opportunities and your ability to collect certain veteran’s benefits. You should not waive anything unless you have received the advice of an experienced military law attorney.
Attorney Patrick Korody has represented hundreds of clients facing administrative separation from the Marine Corps. He is a former Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. He offers a free consultation. He has represented Marines in administrative separation boards for close a to a decade.