Is there a "statute of limitations" on admin separations?

LCpl Tad Cunningham — Fri, 20 Nov 2015 22:14:14 -0500

I was told back in June/July they were dropping and not pursuing my admin seperation, I was told two days ago that it's now pending, I didn't know if there was any options I had if they choose to admin sep, and what I can do to ensure benefits.

Response by TSgt Marco McDowell made Nov 21 at 2015 12:08 AM

TSgt Marco McDowell — Sat, 21 Nov 2015 00:08:04 -0500

Always start with legal. If the guy up at Bn can't or won't help,head over to JAG. Advice is free and they like to help...plus they're not in your chain of command. Heck, I'd go to JAG from the start.

Response by SFC Michael Hasbun made Nov 21 at 2015 12:45 AM

SFC Michael Hasbun — Sat, 21 Nov 2015 00:45:33 -0500

Statute, and go to legal...

Response by PO1 John Miller made Nov 21 at 2015 1:06 AM

PO1 John Miller — Sat, 21 Nov 2015 01:06:10 -0500

Without prying too much into your business, have you gotten in trouble since you were told in June/July that the admin separation wasn't being pursued anymore?

Response by LCpl Steve Smith made Nov 21 at 2015 4:57 AM

LCpl Steve Smith — Sat, 21 Nov 2015 04:57:25 -0500

LCpl Tad Cunningham Go talk with JAG and they should know be able to answer the statue of limitations part of your Question and they may be able to answer some of the other questions you may have.

Response by 1stSgt Private RallyPoint Member made Nov 21 at 2015 9:08 AM

1stSgt Private RallyPoint Member — Sat, 21 Nov 2015 09:08:15 -0500

Devildog,

Go to legal. Most here are sea lawyers.

Response by LtCol Scott Martin Locke made Nov 22 at 2015 1:20 PM

LtCol Scott Martin Locke — Sun, 22 Nov 2015 13:20:39 -0500

You can never get out once you join it's for life suck it up soldier go to the range and shoot it off I carry 44 magnum Desert Eagle 2014 mark. xix satin nickel titanium

Response by LtCol Robert Quinter made Nov 22 at 2015 6:32 PM

LtCol Robert Quinter — Sun, 22 Nov 2015 18:32:36 -0500

First step is to go to base legal (not the unit legal officer/NCO). They will give you current information, advice and representation if appropriate. I handled many admin discharges back in the day and, after checking the on-line manual, it doesn't appear they have changed significantly. There is no statute of limits as they are based primarily upon your record of service, your beliefs or your familial situation. If your record and/or performance continues to substantiate your further service is not in the best interest of the Corps, the case is still there to be submitted at the discretion of the Commanding Officer. Your VA and other benefits are generally dependent upon "Honorable Service", meaning, as long as you receive at least a General Discharge under Honorable Conditions, you will be eligible for most benefits.

Response by PFC Terry Kuehner made Nov 23 at 2015 1:52 PM

PFC Terry Kuehner — Mon, 23 Nov 2015 13:52:40 -0500

You have 15 yrs in witch to review and appeal to up grade you admin. Sep.

Response by SSgt Randy Saulsberry made Nov 25 at 2015 8:59 PM

SSgt Randy Saulsberry — Wed, 25 Nov 2015 20:59:17 -0500

Definitely talk to JAG. I dunno if there is a limitation but you have not passed it yet. I was ADSEP earlier this year, in April, for body comp. From the date my ADSEP started 'til I got my 10 day letter was 11 months. Depending on why you are being deprecated will determine you benefits. For that look in the seps manual. The manual will lb form you of what you rate. One of the most important things is to verify that you rate steps pay. If you do verify 100% that the career planner submits that paperwork. Mine didn't do now I have to handle it on the outside. You don't want that problem. Been out since April and still haven't received my money not even an email for an update.

Response by Sgt Miguel Caraballo made Nov 26 at 2015 2:50 PM

Sgt Miguel Caraballo — Thu, 26 Nov 2015 14:50:13 -0500

i would. check. with your. local. VA hospital

Response by MGySgt Private RallyPoint Member made Jul 21 at 2020 2:45 AM

MGySgt Private RallyPoint Member — Tue, 21 Jul 2020 02:45:07 -0400

An ADSEP has to be completed before you fall off contract. Which means if you have IRR time remaining then the ADSEP can follow you to the IRR. Once contract is completed the ADSEP is dead, no more jurisdiction or ownership over you by the military

Response by SGT George Spears made Jul 21 at 2020 9:23 PM

SGT George Spears — Tue, 21 Jul 2020 21:23:36 -0400