JPL routinely receives questions regarding whether a Marine held past his EAS in a disciplinary status may be administratively separated in lieu of trial, or negotiate a pretrial agreement to accept NJP, despite provisions that state that a Marine may not be involuntarily extended beyond EAS for the purposes of NJP or administrative separation.  We have routinely opined that these are permissible alternative dispositions as long as the Marine was initially involuntarily extended for a proper purpose.  In order to avoid later claims of foul in front of BCNR or other forums, it is advisable to memorialize these agreements in a written pretrial agreement wherein the accused specifically articulates his consent and understanding to the consequences of the bargain.  For example, that he consents to the imposition of NJP (and agrees to serve out the punishment) and/or agrees to submit a board waiver thereafter in exchange for charges being withdrawn and dismissed from a court-martial.  The point here is to have the accused consent and agree to being extended for the purposes of receiving the benefit of the bargain.  He will be hard-pressed to claim foul later on.

 

Many are familiar with the mandatory processing requirements in sexual harassment cases imposed by MARCORSEPMAN 6210.8 as it applies to enlisted cases, but some have asked whether the same applies in officer cases?  The answer is yes.  The mandatory processing requirements come from SECNAVINST 5300.26D and apply equally to officers and enlisted.

For some reason, unknown to JPL, these provisions were not included in SECNAVINST 1910.6C that addresses separation of officers. 

SECNAVINST 5300.26D states: 

Military personnel of the Navy and Marine Corps shall be processed for administrative separation on the first substantiated incident of sexual harassment involving any of the following circumstances (for the purposes of this subparagraph, an incident is substantiated if there has been a court-martial conviction or if the commanding officer determines that sexual harassment has occurred): (1) Action, threats, or attempts to influence another's career or job in exchange for sexual favors; or (2) Rewards in exchange for sexual favors; or (3) Physical contact of a sexual nature which, if charged as a violation of the UCMJ, could result in punitive discharge.

A detailed description of adverse materials and officer promotions can be found in Chapter 5 of MCOP1400.31C (MARCORPROMMAN, VOL1, OFFPROM)

MCO 5800.16, VOL 15 (Legal Services Administration Manual, Officer Misconduct and Substandard Performance) 

SECNAVINST 1412.6M (Promotion of Second Lieutenants)

SECNAVINST 1412.11 (Promotion/Continuation of Limited Duty and Warrant Officers)

SECNAVINST 1420.2B (Frocking of Commisioned Officers)

SECNAVINST 1420.3 (DoN Commisioned Officer Promotion Program)

SECNAVINST 1920.7C (Continuation on Active Duty of Regular and Reserve Officers on Reserve Active Status List)

DoDI 1320.14 (Commisioned Officer Promotion Procedures)

If a commanding officer determines that an officer is not mentally, physically, morally, or professionally qualified for promotion, the promotion shall not be effected.  This includes the physical examination requirement for reserve officers per 10 U.S.C. sec. 10206.  The  officer shall be given written notice of the grounds for delay before the effective date of the appointment, unless it is impracticable to do so, in which case the notice shall be given as soon as practicable.  CMC (MMPR-1) (JPL) must also be notified prior to the effective date of the appointment so that the promotion will not be effected in Marine Corps Total Force System (MCTFS) and administrative action can be initiated.

Command Delay Notification Template.docx

Reserve ADSEP Notification in a Nutshell.pdf

Manpower and Reserve Affairs Branch Abbreviation Key.pdf

Officer Misconduct Package Checklist

ODNMS Users Guide 10 Jan 14.pdf - (removed pending update - ODNMS website link is https://ja.hqi.usmc.mil/ )

Officer Misconduct

10 U.S.C. § 515:  REENLISTMENT AFTER DISCHARGE AS WO

10 U.S.C. § 1182:  BOARDS OF INQUIRY

10 U.S.C. § 1187:  OFFICERS ELIGIBLE TO SERVE ON BOARDS

10 U.S.C. § 1161:  COMMISSIONED OFFICERS:  LIMITATIONS ON DISMISSAL

10 U.S.C. § 1165:  REGULAR WOs: SEPARATION DURING THREE-YEAR PROBATIONERY PERIOD

10 U.S.C. § 1166:  REGULAR WOs:  ELIMINATION FOR UNFITNESS OR UNSATISFACTORY PERFORMANCE

10 U.S.C. § 1174:  SEPARATION PAY UPON INVOLUNTARY DISCHARGE OR RELEASE FROM ACTIVE DUTY

10 U.S.C. § 1181:  AUTHORITY TO ESTABLISH PROCEDURES TO CONSIDER THE

SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY AND FOR CERTAIN OTHER REASONS

10 U.S.C. § 2005:  ADVANCED EDUCATION ASSISTANCE: ACTIV DUTY AGREEMENT; REINMURSEMENT REQUIREMENTS

10 U.S.C. § 6329:  OFFICERS NOT TO BE RETIRED FOR MISCONDUCT

10 U.S.C. § 12684:  RESERVES:  SEPARATION FOR ABSENCE WITHOUT AUTHORITY OR SENTENCE TO IMPRISONMENT

10 U.S.C. § 12731:  AGE AND SERVICE REQUIREMENTS

10 U.S.C. § 14903:  BOARDS OF INQUIRY (USMCR)

10 U.S.C. § 14906:  OFFICERS ELIGIBLE TO SERVE ON BOARDS (USMCR)

DoDI 1332.30 (Officer Separations)

SECNAVINST 1920.6D (Administrative Separation of Officers)

MCO 1610.7A (PES)

MCO 1900.16 CH 2 (MARCORSEPMAN 2019)

MCO 5800.16 - V 15 (LSAM V-15)

MCO P1070.12K CH 1 (IRAM)

Officer Promotions

10 U.S.C. § 531:  ORIGINAL APPOINTMENTS OF COMMISSIONED OFFICERS

10 U.S.C. § 532:  QUALIFICATIONS FOR ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER

10 U.S.C. § 573:  CONVENING OF WO SELECTION BOARDS

10 U.S.C. § 577:  WO PROMOTIONS: EFFECT OF FAILURE OF SELECTION

10 U.S.C. § 578:  WO PROMOTIONS: HOW MADE; EFFECTIVE DATE

10 U.S.C. § 579:  WO REMOVAL FROM A PROMOTION LIST

10 U.S.C. § 580:  REGULAR WO’s TWICE FAILING SELECTION FOR PROMOTION: INVOL. RET. OR SEPARATION

10 U.S.C. § 611:  CONVENING OF SELECTION BOARDS

10 U.S.C. § 615:  INFORMATION FURNISHED TO SELECTION BOARDS

10 U.S.C. § 618:  AUTHORITY FOR SELECTION BOARD TO ORDER OFFICER TO SHOW CAUSE FOR RETENTION

10 U.S.C. § 624:  PROMOTIONS: HOW MADE

10 U.S.C. § 627:  FAILURE OF SELECTION FOR PROMOTION

10 U.S.C. § 629:  REMOVAL FROM A LIST OF OFFICERS RECOMMENDED FOR PROMOTION

10 U.S.C. § 630:  DISCHARGE OF REGULAR COMMISSIONED OFFICERS WITH LESS THAN FIVE YEARS OF ACTIVE COMMISSIONED SERVICE OR FOUND NOT QUALIFIED FOR PROMOTION FOR FIRST LIEUTENANT

10 U.S.C. § 631:  EFFECT OF FAILURE OF SELECTION FOR PROMOTION: FIRST LIEUTENANT

10 U.S.C. § 632:  EFFECT OF FAILURE OF SELECTION FOR PROMOTION: CAPTAIN AND ABOVE

10 U.S.C. § 637:  SELECTION OF REGULAR OFFICERS FOR CONTINUATION ON ACTIVE DUTY

10 U.S.C. § 801:  DEFINITIONS

10 U.S.C. § 1293:  WO RETIREMENTS

10 U.S.C. § 1305:  30 YEARS OR MORE: REGULAR WARRANT OFFICERS

10 U.S.C. § 1370:  COMMISSIONED OFFICERS:  GENERAL RULE; EXCEPTIONS [RETIREMENT GRADE DETERMINATIONS]

10 U.S.C. § 5589:  REGULAR NAVY AND REGULAR MARINE CORPS:  OFFICERS DESIGNATED FOR LIMITED DUTY

10 U.S.C. § 6323:  OFFICERS: 20 YEARS

10 U.S.C. § 6383:  REGULAR NAVY AND REGULAR MARINE CORPS; OFFICERS DESIGNATED FOR LIMITED DUTY; RETIREMENT FOR LENGTH OF SERVICE OR FAILURES OF SELECTION FOR PROMOTION; DISCHARGE FOR FAILURES OF SELECTION FOR PROMOTION; REVERSTION TO PRIOR STATUS; RETIRED GRADE; RETIRED PAY

10 U.S.C. § 12643:  BOARDS FOR APPOINTMENT, PROMOTION, AND CERTAIN OTHER PURPOSES:  COMPOSITION

10 U.S.C. § 12645:  COMMISSIONED OFFICERS:  RETENTION UNTIL COMPLETION OF REQUIRED SERVICE

10 U.S.C. § 12646:  COMMISSIONED OFFICERS:  RETENTION OF AFTER COMPLETING 18 OR MORE, BUT LESS THAN 20 YEARS OF SERVICE

10 U.S.C. § 14301:  ELIGIBILITY FOR CONSIDERATION FOR PROMOTION: GENERAL RULES

10 U.S.C. § 14310:  REMOVAL FROM A LIST OF OFFICERS RECOMMENDED FOR PROMOTION (RESERVE)

10 U.S.C. § 14311:  DELAY OF PROMOTION: INVOLUNTARY (RESERVE)

10 U.S.C. § 14317:  OFFICERS IN TRANSITION TO AND FROM THE ACTIVE-STATUS LIST OR ACTIVE-DUTY LIST; RASL to ISL

10 U.S.C. § 14503:  DISCHARGE OF OFFICERS WITH LESS THAN FIVE YEARS OF COMMISSIONED SERVICE OR FOUND NOT QUALIFIED FOR PROMOTION TO 1STLT OR LTJG

10 U.S.C. § 14504:  EFFECT OF FAILURE OF SELECTION FOR PROMOTION: RESERVE FIRST LIEUTENANTS

10 U.S.C. § 14902:  SEPARATION FOR SUBSTANDARD PERFORMANCE AND FOR CERTAIN OTHER REASONS

DoDI 1310.02 (Original Appointments of Officers)

DoDI 1320.04 (3 Jan 14) (Officer Actions Requiring Pres-SD-Senate Action)

DoDI 1320.14 (11 Dec 13) (Officer Promotion Procedures)

SECNAVINST 1401.4B (GO Adverse Material)

SECNAVINST 1402.1 (SSBs)

SECNAVINST 1412.6M (1stLt Promotions)

SECNAVINST 1412.11 (CWO2+ Promotions, Continuation)

SECNAVINST 1420.2B (Frocking)

SECNAVINST 1420.3 (Commissioned Officer Promotions)

SECNAVINST 1920.7C (Continuation)

MCO 1001.65 (Officer Retention and Prior Service Accessions)

MCO 1040.42B (WO and LDO Accessions)

MCO P1400.31C (MARCORPROMAN)