Expert: Jason Grabill - 2/16/2010

Question
QUESTION: Our son graduated from a military college, went to Marine OCS and graduated, completed TBS.  A week prior to TBS graduation he accidently shot himself in the hand.  Now they want to separate him.  He completed all of his training with passing grades and nothing on his record until the injury.  All this young man wants to do is serve his country.  What can he do to have this over turned.  The JAG officer presented him with papers that he would not be separated.  The next day the Colonel said that was a mistake.  The Colonel got the General to submit paper work for separation.  Please put us in touch with someone who may be able to help.  Thank you.

ANSWER: Cathy:

  I'm afraid, ma'am this is one of those times where there is little or nothing that can be done.   Since he is still in TBS and the injury occurred there, it's up to the Commander of TBS to decide to keep him or not.  If the CG has made that decision then that is pretty much 'it'.   He can appeal to Headquarters, Marine Corps, but I'd put his realistic chances at 'slim'.   Officers can be separated for a number of reasons, including "Loss of confidence in ability to lead", among other things.  If the Colonel Commanding and the Commanding General have decided to separate him, then HQMC is going to be extremely reluctant to over rule that decision.

 If he is given the chance to appeal to HQMC, then he should do so, of course.  But at this point I'd plan on a separation as the most likely of all possibilities.



---------- FOLLOW-UP ----------

QUESTION: Thank you for your prompt repy.

What type of discharge will this be and can he reapply to the Marine Corp?  Can he go into the Army?

Answer
Cathy:

 Your welcome, sorry to be the bearer of bad news.  Hopefully I'll be proven wrong.  But I don't think so I'm afraid.

 He could certainly try the Army and I'd encourage that.  I really can't tell what sort of seperation he'll get, since officers don't get the same sort of discharges enlisted folks do.  If his separation is just administrative, (as I suspect it will be) then it won't reflect as a 'bad' discharge.

 Best of luck to your family,

 Jason