I served as a Marine for 4 years and while I got an honorable discharge, I received a charge of domestic violence. I wish to join the Army but I am told that I would need a waiver. Should I stick with the plan or should I opt for the Navy?
It is better to stick with your original plan. Even though they are aware of the problem they are still willing to recruit you. Chances are quite high that if you change your mind on where you are willing to get enlisted, you may be rejected. Domestic violence is a serious issue in the Armed forces. Hence, they are quite strict with potential enlistees against whom such charges are there. Since you have never been convicted of the charge, they think you might be eligible for the waiver. In case a Marine is found guilty of a charge in a court martial, is the record transferred over to the civilian sector as a felony or something else, or does it just stay on the military record? The person was not discharged for conviction.
The guilt of the Marine will translate into a felony in the civilian sector. Though a discharge is part of the punishment, they will still be liable to administrative separation. They are allowed to raise objections before a board and request to be retained. Depending upon the decision of the board, if they opt for separation, they could face one of the following discharges; Other than Honorable, General under Honorable conditions, or Honorable. The decision is to be taken by the Service Secretary. Can I get into trouble for taking my own leave time and using the money for a medical procedure if I don’t inform my command? If I do inform them, do they have the right to refuse it?
Chances are pretty low that you would get into any trouble for doing that if you were on leave. However, if you happen to receive any injury resulting from the surgery, you could face serious trouble. In that case the injury would not be “in the line of duty” which effectively means that you would not be entitled to treatment benefits from the marines/VA. You better request your commander for permission to undergo the surgery. If refused, you should go through your chain of commands. If the command refuses but you still go ahead with it resulting in an injury, you stand the chance of possible prosecution. Can someone be removed from service without a formal letter of intent to separate?
As per chapter 6 of the Marine Corps Separations manual, you must be served a notice to that effect. This is essential and the command must follow. The command also has to mention the type of discharge and the reason thereof. In case you are given an Other than Honorable Discharge, you can insist on a hearing before a board and a lawyer to assist you if you don’t waive your rights to both. If you have any doubts or queries relating to the laws of Marine Corps it is advisable to ask a military lawyer to decide the best course of action and act accordingly.
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