Expert: Rod Powers - 4/21/2007

Question
If you're being ADSEPed, and you have over 6 years of service, your entitled to an Administrative Board.

1.  What is the purpose of the board?

1A.  Is it to request to stay in the military?

1B.  Does it have to do with characterization of discharge?

2.  If being ADSEPed for PFA failure, and I have over 6 years of service, should I request a board or waive it?  

The reason I ask is, I am pretty overweight, not looking good (or even close) to be able to pass this next PFA.  It will be #3.  

Question #3.  When they notify you that you're being adseped do they tell you what your discharge will be (honorable, general, etc.)?  Or does that come later?

I want to stay in the Navy, but I let myself go too far over weight.  I didn't know if I request an Administrative board, that there might be a chance I can stay in until I lose the weight, or if they try to give me a general discharge if the administrative board is to contend that.

Thanks,

Suge

Answer
Hi Suge,

You might want to see my article about administrative discharge procedures at: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm

To boil the process down into simple terms, the commander makes a "recommendation" for discharge, as well as a "recommendation" for discharge characterization. The recommendation is either approved or disapproved by the discharge authority. If approved, the discharge characterization is either approved or disapproved by the discharge authority. In the Navy, the discharge authority is *usually* the first O-6 in your chain of command.

Now, if you elect not to have a board, or if you're not entitled to a board, the discharge authority makes his/her decision based on the commander's recommendation, and any matters you provide in writing to contest the commander's recommendation.

A board is kind of like a "mini-court." You would appear in front of a board of commissioned officers, and -- with the assistance of a military defense lawyer -- would present a case, asking to stay in the Military. The board then makes a recommendation to the discharge authority. Note that this is only a recommendation -- the discharge authority still has to make the ultimate decision.  But.... 9 times out of 10, the discharge authority will go with the board recommendation(s).

When your commander officially notifies you of "intent to recommend discharge," the notification letter includes (1) reason for discharge, and (2) the commander's recommendation for discharge characterization.  Nine times out of ten, for a PFA failure, the recommended characterization will be "honorable," unless the record includes information that shows you may have failed on purpose, or information that you failed to comply with the requirements of the physical fitness program (such as failure to show up during mandatory physical fitness appointments).

In any event, once you are officially "served" with a letter from your CO, recommending discharge, the letter will include your legal rights, including the right to consult with a Military attorney, free of charge.

To be blunt, you don't need to be getting advice from me (I don't have a law degree). You need to take advantage of your right to consult with a Military attorney, free of charge. Call your local JAG Office, and make an appointment to speak with one of the assigned defense counsels.

Hope this helps!

Rod Powers
http://usmilitary.about.com