Legal Question in Military Law in Virginia

Admin Seperation under serious offense of misconduct/re4 code

I'm currently being processed out of the navy under serious offense of misconduct. I went to captain's mast for disrepect of a CPO, disobeying a order and malingering. I was rewarded with reduction in rank E-4 to E-2, 1/2 month's pay x 2, loss of orders to be stationed with husband, loss of esws pin, loss of tutition assistance and ccu for 30 days. While in CCU i was told by my LPO that the Captain said if i complete CCU successfully and still wanted to get out when i returned i could, because he didn't want to kick me out during mast like i requested because then i wouldn't recieve any of my benefits. so when i returned i elected to get out after i was told i wasn't going to get orders again to be with my husband. Yesterday is when i found out that i was being separated under those conditions and when i asked the master chief why even ask if i wanted to stay in if your going to kick me out anyway he said being that i don't want to be in their going to kick me out. My question is are they allowed to give me another punishment after i already signed and did my punishment? Is there anyway i can fight the conditions in which i'm getting out?


Asked on 8/12/08, 12:17 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Admin Seperation under serious offense of misconduct/re4 code

If you do not want to be separated under the conditions they are offering, demand an administrative discharge board and fight this. If they are trying to discharge you, you have the right to consult with an attorney and various other rights. Make sure that you elect and exercise those rights. DO NOT WAIVE YOUR RIGHTS. Be sure to speak with an attorney about what they are trying to do and what your options are.

You should not be punished twice for the same action, but an administrative separation may not be considered punishment even if it follows a mast.

Please feel free to contact me if you have any further questions.

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Answered on 8/13/08, 3:46 pm


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