Legal Question in Military Law in North Carolina

Administrative discharge from Marines

We found out my nephew is being discharged from the Marines. At first it was to be a medical discharge, now they want to make it Administrative. Is there any way we can find out what is going on and should we contact an attorney?Thank you for your response.


Asked on 10/24/08, 4:15 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Administrative discharge from Marines

You cannot become involved in this if he is 18 or older. The service considers these people as adults for administrative purposes. He can contact an attorney to determine why he is being separated and under what conditions. Many times when drugs are involved it is for administrative purposes.

Patrick Tracy

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Answered on 10/24/08, 4:57 pm
Philip D. Cave Military Law & Justice

Re: Administrative discharge from Marines

The Marine Corps will not answer your inquiry unless you have a Privacy Act release from your nephew.

Your nephew is the best source of information.

If the discharge is to be an OTH he has certain rights that should not be waived.

Post discharge there is a Discharge Review Board process, but very difficult if the Marine has waived his rights before discharge.

The Marines provide a free military lawyer to counsel him. However, that's not always a good option.

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Answered on 10/24/08, 8:03 pm


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