Court-Martial Trial Practice Blog
SecNav has signed a new policy on administrative separations for misconduct where the person has a mental health issue.
To protect Sailors and Marines suffering with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) or any other diagnosed mental health condition, Secretary of the Navy Ray Mabus has made his department the first in the military to assure such conditions are considered before separating a service member.
Previously a service member’s misconduct took precedence over diagnosed mental health conditions when considering separation, which impacted the veteran’s ability to receive benefits. Now, if it contributed to the misconduct, the medical condition will take precedence.
Effective immediately, Sailors and Marines being processed for any type of involuntary administrative separation (ADSEP) who have a diagnosed mental health condition may be referred into the Disability Evaluation System.
Additionally, if the Sailor or Marine is being administratively processed under provisions that authorize a characterization of service of other than honorable, the case must be referred to the first general officer/flag officer in the chain of command for a final determination. Any service member previously separated under similar circumstances may also petition to have their discharge reviewed through either the discharge review board or Board for Correction of Naval Records (BCNR).
We represent those discharged with less than honorable discharges before the Navy Discharge Review Board, as well as the other Service boards. Contact us if you feel you need help with a discharge upgrade case.