ADSEP Dual processing USMC

P

PackFullyDropped

Well-Known Member
PEB Forum Veteran
Registered Member
I have a company level NJP for UA and Failure to obey a direct order, I was assigned to BCP once, I failed a weigh in but made weight before I was assigned again. My 1stSgt said that our LtCol is trying to ADSEP me for pattern of misconduct with a general under honorable conditions characterization. I spoke with my IDES lawyer about it a little while ago just in case that's what they were planning on doing. He said that I'm protected in three ways: weight control is not misconduct and would require a failed second BCP assignment, in IDES I cannot be separated with a general discharge only OTH or worse, and even if all else fails my findings could come in and that would be faster than an ADSEP. Is what he said true? If so, should I play dumb and let my command find out on their own or should I nip it in the bud before it gets too far? I have not been given the page 11 to notify me of ADSEP yet.

Any lawyers on here please help I'm panicking.

Thank you.
 
PackFullyDropped said:
I have a company level NJP for UA and Failure to obey a direct order, I was assigned to BCP once, I failed a weigh in but made weight before I was assigned again. My 1stSgt said that our LtCol is trying to ADSEP me for pattern of misconduct with a general under honorable conditions characterization. I spoke with my IDES lawyer about it a little while ago just in case that's what they were planning on doing. He said that I'm protected in three ways: weight control is not misconduct and would require a failed second BCP assignment, in IDES I cannot be separated with a general discharge only OTH or worse, and even if all else fails my findings could come in and that would be faster than an ADSEP. Is what he said true? If so, should I play dumb and let my command find out on their own or should I nip it in the bud before it gets too far? I have not been given the page 11 to notify me of ADSEP yet.

Any lawyers on here please help I'm panicking.

Thank you.
Click to expand...
Sounds like your unit doesn't like you too much. I would let the process play out. Your unit can try to do it but they don't get the final say in it. That decision is made from higher ups. So it wouldn't help anyone to talk to them about.
 
I would say try to talk it out, but sounds like you are too far gone. I would speak to base legal about your concerns sooner than I would rely on the provided attorney for your DES process.

Your PEB phase began late June didn't it? Has your VA claim closed? I would assume your findings would return some time this month or early next month if patterns are similar to what they've been recently.

Below is MCO 1900.16 w/ Ch. 2 detailing the order on dual processing. Paragraph 6106. IMG_4467.png

Here's a link to the order for your convenience if the final direction applies to your judgement:


"GCMCA" stands for General Courts Martial Convening Authority. An individual in the convening authority signed off that you were not, at the time of sending, being administratively separated when your PEB package was sent up to the PEB itself.

I don't understand the jargon of this all too well, but it looks like if it's left between the two with two ready to go decisions the convening authority will take charge of your separation and make a choice. I could be misunderstanding that, but I would assume that an investigation or even a work-up for a board would not supersede a PEB determination of unfitness. That being said I would assume you wouldn't be afforded contest if it risked more time for an adsep to complete.

IIRC you require an adsep board to mark someone as any echelon of OTH or worse. GUHC is the worst it can be without a board if memory serves.

And another thing, another IIRC, I believe you rate an adsep board even if it's an attempt for GUHC if you've got more than 6 years under your belt.

This is a lot of general info since you haven't actually been put in for an adsep yet. They might just be saying this to make you get your act together. Either way you're almost out of there, I would recommend making everyone's lives a bit easier and working with your command when you can to earn some good will. I had the ire of my command before I left so I know how it is, but you have to know when to bend the knee.
 
I got served my official notification today. I have to go to legal for the process to move along, but I’m currently on leave until the 23rd. Should I go asap or should I drag it out until I have to go?
 
PackFullyDropped said:
I got served my official notification today. I have to go to legal for the process to move along, but I’m currently on leave until the 23rd. Should I go asap or should I drag it out until I have to go?
Click to expand...
If it were me I'd attend whatever needs attending right away - the issue at hand won't disappear by dragging it out. AFAIK the CG is gonna be the ultimate decision maker about your discharge now, I'd avoid any reason to display defiance.

I could be wrong though. Not sure if your legal rep for the board has weighed in on this, but I'd also confer with them. If anyone else wants to chime in on what they'd do, more perspective is always good.

Regardless of what happens, please keep us posted. Dual process seems to be very tricky.
 
Update: my ADSEP was upgraded from "Pattern of Misconduct" to "Unsatisfactory Performance of Duties" which only rates a general discharge, so they can't throw out my PEB they have to wait. I signed my election of rights for my NOSP on September 18th. Who knows how long this ADSEP will take. My new EAS will almost 100% be November 30th with my last day of active duty being October 25th. My DES lawyer says I have an 80% chance of getting out with my PEB findings. I have no idea what will happen but this is causing me a lot of stress.

Should I wait to say anything to my command until my EAS updates? or should I tell them when I get my findings?
If my EAS updates is that my golden ticket and I don't have to worry anymore?

Any advice is appreciated. Thank you.
 
I told my command that my findings are in and they dropped the ADSEP. My 1stsgt said they are only dropping it because that is what will get me out the quickest. That’s fine by me. She said she’s still recommending to the CO that he gives me a discharge characterization of general UHC but I don’t think they can do that with a medical retirement, who knows.
 
PackFullyDropped said:
I told my command that my findings are in and they dropped the ADSEP. My 1stsgt said they are only dropping it because that is what will get me out the quickest. That’s fine by me. She said she’s still recommending to the CO that he gives me a discharge characterization of general UHC but I don’t think they can do that with a medical retirement, who knows.
Click to expand...
AFAIK the retirement cert is only honorable... so I think this is just some huff and puff.

At a minimum, you should be honorable for VA purposes which is what you'll care about. Glad to hear the news.
 
You must log in or register to reply here.
Top