YOUR CAREER IS ON THE LINE — ACT NOW!
Facing separation? Don’t let your commander steamroll you.
You need experienced military defense counsel in your corner .Time is not your friend. The military moves fast — **so should you**.
How to Fight Getting Kicked Out of the Marine Corps
If you’ve been told you’re getting separated from the Marine Corps—especially with a General or Other Than Honorable (OTH) discharge—your career, benefits, and future are on the line. The command already has a plan. If you don’t defend yourself early, you can get steamrolled.
🔥 Read this first: The fastest way Marines lose their case is by “trying to explain” or “just getting it over with.”
Administrative separation is not “paperwork.” It is a legal process with life-long consequences. Treat it like one.
What “Getting Kicked Out” Usually Means
Most Marines are separated through Administrative Separation (ADSEP) for allegations like:
- Drug allegations / positive urinalysis
- Serious offense / civilian charges
- Pattern of misconduct
- Alcohol incidents / DUI
- Fitness failures / body composition / PFT/CFT issues (in some cases)
- Security clearance issues / trust issues
Depending on your time in service and the basis for separation, you may have the right to an Administrative Separation Board (a hearing) where you can fight to stay in or fight for a better characterization of service.
4 Steps to Protect Yourself Immediately
Step 1: Stay out of trouble (seriously)
The biggest mistake Marines make is thinking, “I’m already done,” and then picking up new misconduct: missing formation, drinking incidents, more bad decisions, or trying to cope in ways that become evidence.
Commands love “fresh misconduct” because it makes separation easier and increases the odds of an OTH. If you’re being processed—act like you’re being watched (because you are).
Step 2: Do NOT make statements (Article 31(b) exists for a reason)
Even if you think the situation is “obvious,” you can still win. But you can’t win if you hand them admissions.
- Do not “clear it up” informally with your leadership.
- Do not give a written statement “to help yourself.”
- Do not talk to the investigator without counsel.
- Do not assume you can talk your way out of it.
The government still needs evidence. Your words often become the evidence that ends your career.
Step 3: Don’t complete ADSEP paperwork until a lawyer reviews it
That election-of-rights form is not “admin.” It’s where Marines unknowingly waive critical rights—like a board hearing, counsel, witnesses, and the ability to fight characterization.
Rule: Don’t sign. Don’t waive. Don’t “just return it.” Get it reviewed first.
At a minimum, speak with your Defense Service Organization (DSO). But understand: a civilian military defense lawyer can often move faster, dig deeper into the evidence, and craft the best written response before you get boxed in.
Step 4: Don’t waive anything based on “promises”
You may hear: “If you waive the board, we’ll recommend a better discharge.” Or: “Waiving makes it quick and painless.” Be careful. Waivers are permanent. And there is no automatic discharge upgrade.
How a Lawyer Helps You Fight Separation
Your command has legal advisors. The investigator has a mission. You need someone whose only job is protecting you. A military defense lawyer can:
- Identify weak evidence and procedural violations
- Challenge investigations that are biased, incomplete, or rushed
- Prepare rebuttals, statements, and legal responses that don’t self-incriminate
- Build mitigation and retention arguments (where appropriate)
- Fight for a board and defend you at the board hearing
- Protect your record, benefits, and future employability
Don’t Let the Marine Corps Decide Your Future Without a Fight.
If you’re facing ADSEP, an OTH, or a board, you need counsel before you sign paperwork or answer questions. Early intervention changes outcomes.
Stop talking. Stop delaying. Get a plan and protect your career.
Frequently Asked Questions
Can I hire a civilian lawyer for Marine Corps administrative separation?
Yes. You can retain civilian counsel in addition to your assigned military counsel. Many Marines hire civilian counsel when the stakes are high (OTH risk, career-ending allegation, disputed evidence, or a board hearing).
Will a negative “retest” fix a prior positive urinalysis?
Not automatically. A second test can matter, but it doesn’t erase the first result by itself. If your case involves urinalysis issues, you need a strategy based on the actual evidence and procedures.
Read: Military urinalysis “retest” after a positive result →
Should I “just accept” a General discharge to move on?
Sometimes a negotiated outcome makes sense—but you should never decide that until you understand what you’re giving up and what’s actually provable. A “quick exit” can create long-term consequences.
Disclaimer: This page is general information, not legal advice for any particular case. Every separation case turns on specific facts, evidence, and procedure.