Expert: Rod Powers - 4/17/2007

Question
QUESTION: i recently missed a drill weekend, and this i believe will put me over the limit. I have been in the navy reserves for only 6 months. I was told that i would be separated, what does this mean?  I know i will have to pay back my bonus, and that is fine, but is this the same as a dishonorable discharge?
ANSWER: Hi Bernie,

Lot's of people are confused about discharge characterizations and what they mean.

There are two categories of discharge: Punitive (criminal) and Administrative.

Punitive discharges can only be imposed by a Court-Martial (a full-blown trial with a judge/jury/ findings of guilty/not guilty, etc). The possible characterizations for punitive discharges are "Bad Conduct," and "Dishonorable." Only a General Court-Martial (the most serious kind of court-martial) can impose a "dishonorable" discharge.

So, unless the Navy Reserves decides to convene a General Court Martial (highly, highly unlikely in your case), no -- your discharge will not be a "dishonorable" discharge.

Your discharge will almost surely be the second type -- Administrative. There are several possible service characterizations for an administrative discharge:

Honorable: This is the type of discharge characterization that is awarded for honest and faithful service. An example would be somone who served their enlistment commitment and separated.

General: The official name of this characterization is "General (Under Honorable Conditions)." This type of discharge characterization is generally assigned when there are significant negative aspects in the dischargee's military record, as pertains to performance and/or conduct. I suspect this is the type of characterization you would receive.

Under Other Than Honorable Conditions (UOTHC). This is the worst type of characterization for administrative discharges. It is reserved for those who have engaged in serious misconduct (just missing a court-martial), or a long-term pattern of misconduct. Examples of factors that may be considered include abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.

The final type of administrative separation, isn't a characterization at all. It's called an "Entry Level Separation." It's not "honorable," it's not "general," it's not "UOTHC." It has no characterization. It's the military's way of saying, "You're fired, but you haven't been around long enough for us to say whether you're a good guy or a bad guy." Commanders can only impose this type of separation on individuals with less than 180 days of military service (less than six months in the Military).

You'll want to read my Administative Discharge article at: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm.

The articles gives detailed information about what the various administrative discharge service characterizations mean, and gives an overview of the process.

For more information about the United States Military, feel free to visit my military information website at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com


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

QUESTION: yes your answers helped me, but im still a little confused. Is  it 6 months from my first drill weekend, or a total of six months from the time i entered boot camp. I went into boot camp on May 18, 2006 and then went to my a- school on July 25,2006. I then returned home on Oct. 18,2006. My first schedule drill weekend was the first weekend in december of 2006.  

Answer
Hi Bernie,

For the Reserves (or National Guard), it's figured from six months from the date you performed your first paid drill, or the date you went onto active duty for training (basic training), whichever occurs first. In other words, the the six months is figured from the first day you were entitled to military pay.

Let me clarify this, however. If it's determined that you've been in for less than six months, then that *allows* your commanding officer to impose an ELS. It doesn't mandate it. Your commander can impose a characterized separation instead. There is no *entitlement* to an ELS. Zero, none at all. The ELS process allows the commander to impose an administrative separation with less time and paperwork (so, often they choose to do so, if the member has less than 180 days of service), but it's *up to the commander* as to whether or not to take this route. Not you, the commanding officer.

You need to understand this. Your commander may elect to go the "whole-blown" discharge process and process you with a "characterized" discharge, instead of an ELS, even if you're eligible for one.

Hope this helps!

Rod Powers
http://usmilitary.about.com


Hope this helps!

Rod Powers
http://usmilitary.about.com