Retained at Navy ADMIN SEP BOARD! Can I still be kicked out?

[tonyrossw]

What is the name of your state (only U.S. law)? Currently in overseas (Home is California)

I will keep this short!
I am currently active duty Navy. I have completed 16 years. Last October I went to a General Court Martial and was found guilty of a Misdemeanor (less than a one year max prison sentence) Assault consummated by a battery. I was not given a punitive discharge at the court martial.

My command then initiated an administrative separation with a characterization of other than honorable. I elected to have an administrative separation board. The admin board decided by a vote of 3-0 to retain me.

I have had a pretty much spotless and perfect career in the USNAVY thus far. Good evals, good promotion rate, and good physical tests. I was even awarded sailor of the quarter just days before all of this started.

Recently I was informed that my command has sent a letter to the SECNAV asking to overturn the findings by the board and separate me with an OTH.

My question is: under what conditions can the SECNAV separate me post admin board? If they did, could they actually give me an OTH?
If so - what is the next step?

 

[SHORTY LONG]

Reply to: Retained at Navy ADMIN SEP BOARD! Can I still be kicked out?

If it was me, I would be hooking up with a JAG Officer to advise you! Given that you had a GM, you should have had one then. If possible, try and reach out to him or her, and if impossible, then you need advice from JAG and or private counsel. Lastly, SECNAV can do almost anything!

What is the name of your state (only U.S. law)? Currently in overseas (Home is California)

I will keep this short!
I am currently active duty Navy. I have completed 16 years. Last October I went to a General Court Martial and was found guilty of a Misdemeanor (less than a one year max prison sentence) Assault consummated by a battery. I was not given a punitive discharge at the court martial.

My command then initiated an administrative separation with a characterization of other than honorable. I elected to have an administrative separation board. The admin board decided by a vote of 3-0 to retain me.

I have had a pretty much spotless and perfect career in the USNAVY thus far. Good evals, good promotion rate, and good physical tests. I was even awarded sailor of the quarter just days before all of this started.

Recently I was informed that my command has sent a letter to the SECNAV asking to overturn the findings by the board and separate me with an OTH.

My question is: under what conditions can the SECNAV separate me post admin board? If they did, could they actually give me an OTH?
If so - what is the next step?

 

[tonyrossw]

If it was me, I would be hooking up with a JAG Officer to advise you! Given that you had a GM, you should have had one then. If possible, try and reach out to him or her, and if impossible, then you need advice from JAG and or private counsel. Lastly, SECNAV can do almost anything!

Yes, I do/did have a JAG officer represent me at the GCM and at the admin SEP Board (was the same JAG). His last advice was that there is really nothing else to be done. It was not explained if/when/and or how the SECNAV will indeed be likely to separate me and with what cause. He did however say that this action was not the normal.

There has to be a Milpersman document somewhere that covers this...I just cannot find it. Specifically "POST ADMIN SEP board sep" for lack of a better term.

 

[umkemesic]

Yes, I do/did have a JAG officer represent me at the GCM and at the admin SEP Board (was the same JAG). His last advice was that there is really nothing else to be done. It was not explained if/when/and or how the SECNAV will indeed be likely to separate me and with what cause. He did however say that this action was not the normal.

There has to be a Milpersman document somewhere that covers this...I just cannot find it. Specifically "POST ADMIN SEP board sep" for lack of a better term.

SECNAV can override, but he's right - it is not normal, especially after a board declined to separate you.

Where you demoted? Although you may escape a OTH, you may not be able to reenlist (i.e. finish your 20). This can happen because you were CM, or if you were demoted to a grade that puts you in High Year Tenure. It's not the end of the world if that happens, you still accrue Federal Service from prior honorable discharges (when you reenlisted) and if you can get a Fed Job (i.e. Postman) you still can retire.

Anyway, to your question the SECNAV, or his designee, can separate you even after a board.

 

[ERAUPIKE]

You may also find that your next eval will be unfavorable witha recommendation to not retain you. Re-enlistment is not automatic.