Administrative Separation Authority

Commander Authority on Administrative Separation

Per MCO 5000.14DMCO 5000.14D Enclosure 3 paragraph m, commanders process administrative discharges. Per MCO 1900.16MCO 1900.16 you initiate, route, and recommend characterization. The Separation Authority (SA) makes the final decision. You set the case up for that decision.

Get this wrong and the discharge can be overturned, the member can sue, or the unit takes a hit on retention metrics.

Bases for Administrative Separation

Separations come in two procedural buckets.

Notification Basis

For straightforward cases. Member receives notice and has rights to consult counsel and submit matters in opposition. No board.

Common notification basis cases.

• Convenience of the Government
• Defective Enlistment
• Entry-Level Performance and Conduct (within 180 days)
• Pregnancy or Parenthood
• Other Designated Physical or Mental Conditions

Board Basis

For more serious cases or longer-service members. Member is entitled to an administrative board with witnesses and counsel.

Common board basis cases.

• Misconduct (commission of a serious offense, drug abuse, civil conviction)
• Unsatisfactory Performance (after 180 days)
• Homosexual Conduct (per current policy)
• Best Interest of the Service
• Members with 6+ years total service face board entitlement
• Cases where Other Than Honorable (OTH) is recommended

Characterization Options

You recommend one of these. Final characterization rests with the SA.

Bad Conduct Discharge (BCD) and Dishonorable Discharge are court-martial outcomes, not administrative.

Pre-Process Review

Before initiating, verify these.

• Member's record supports the basis (not the inverse, where the basis is searching for support).
• Documented counseling on Page 11 entries leading to the action.
• Prior NJP or court-martial records on file.
• Performance evaluations consistent with the basis.
• Medical and psychological evaluations if relevant.
• SJA consultation on legal sufficiency.

Initiation Process

1. Decision to initiate. You decide based on the package and SJA review.
2. Notification memorandum. Member receives written notice of the basis, the proposed characterization, and rights. Per MARADMIN 267/26MARADMIN 267/26, the notification must include the new paragraph 6303.3.a right-to-statement language and the new Figures 6-2 and 6-3 paragraph covering the DODI 1332.14DODI 1332.14 paragraph 5.11 GO or FO review right tied to an unrestricted sexual assault report inside the one-year window.
3. Member acknowledgment. Member signs receipt of notification and elects to.
   • Consult military counsel
   • Submit matters in opposition
   • Demand a board (if board-basis case)
   • Waive rights
4. Election period. Member has 7 days (notification) or 30 days (board) to respond.
5. Member submission. If member opposes, you receive their written response.

Conducting the Board (Board Basis Cases)

If the case requires a board.

1. Convening authority appoints three members (typically O-3 and above).
2. Recorder presents the government's case with evidence and witnesses.
3. Member's counsel presents the defense.
4. Board deliberates and makes findings on each basis.
5. Board recommends retention or separation, and characterization if separating.
6. Board's recommendation is advisory. SA makes the final call.

Forwarding to Separation Authority

After your decision, forward the package to the SA. Package contents.

• Notification memorandum and member's acknowledgment
• Member's written response and counsel matters
• Supporting Page 11 entries
• Performance evaluations
• Medical evaluations if applicable
• Prior NJP and court-martial records
• Board findings if board basis
• Your recommendation with justification
• SJA legal review

Pay and Benefit Impact

Characterization drives benefits.

Final pay calculation includes leave sell-back, allowances earned, and any debts. Coordinate with PAC on the DD-214 generation.

Common Errors

These create legal vulnerability.

1. Insufficient documented counseling. Page 11 entries thin or contradicted by good performance evaluations. Fix by ensuring documentation exists before initiating.
2. Wrong basis selected. Choosing notification basis when board entitlement applies. Fix by SJA review pre-initiation.
3. Pressured waiver of rights. Member's election must be voluntary. Coercion invalidates the waiver.
4. Skipping medical or psych eval. Required in some bases. Fix by ensuring evaluation is in the package.
5. Recommending OTH without sufficient basis. OTH carries severe consequences. Make sure the record supports it.

Time Limits

Track these dates.

• Notification: Member has 7 calendar days to respond
• Board demand: Member has 30 calendar days to demand a board (if board basis)
• Board convening: Within 60 days of demand typically
• Final SA decision: Varies by command; usually 30 to 90 days
• DD-214 generation: After SA decision and effective date set

Coordination with IPAC

PAC handles the discharge processing once you sign.

• DD-214 preparation
• Final pay calculation
• Leave sell-back computation
• VA enrollment notice
• TAP completion verification
• Final OMPF closeout

Direct your S-1 to coordinate with PAC throughout the process.

Decision Framework

Before initiating, ask these questions.

• Is administrative separation the proportional response, or is rehabilitation still possible?
• Does the documented record support the basis without ambiguity?
• Have I consulted SJA on legal sufficiency?
• What characterization does the record support, and is OTH justified?
• Is the member's intended election (waive vs board) likely to change my analysis?

When in doubt, consult SJA before initiation. Pulling back an initiated separation is harder than not starting it.

Related Roles

Administrative separation touches the entire chain.

• Marines facing separation receive notification and may consult counsel, submit matters, or demand