The Types and Impacts of a Navy ADSEP

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You signed up to serve, but now your command is trying to administratively separate you. You have a lot on the line. The benefits you earned, from the G.I. Bill to disability compensation, may all depend on the type of Navy administrative separation (ADSEP) you receive. At Military Justice Guides, we have helped countless clients deal with a potential military separation, and we're here to help you understand the types and impacts of a Navy ADSEP.

Types of Navy ADSEP

For enlisted members, Navy administrative separations are governed by the 1910 series of MILPERSMAN. Most commonly, a Sailor may be involuntarily separated for:

• Misconduct. Under Navy policy, Sailors may be separated because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, or drug abuse. This is the most common cause for involuntary separation.
• Alcohol Rehabilitation Failure. According to MILPERSMAN 1910-152, any Sailor who fails alcohol rehabilitation may be separated due to an "alcohol incident." An "alcohol incident" is defined as a criminal act or episode of misconduct punishable under the Uniform Code of Military Justice or civilian authority, where the consumption of alcohol was a contributing factor to the misconduct.
• Unsatisfactory Performance. Per MILPERSMAN 1910-156, members may be separated when they are unqualified for further naval service as demonstrated by (1) receipt of an enlisted performance evaluation with one or more 1.0 marks in any performance trait; (2) an overall 2.49 cumulative performance mark average, or less for two consecutive evaluations; (3) promotion recommendation less than promotable with no improvement in the recommendation for two consecutive cycles; (4) denial or revocation of a security clearance; or other various reasons.

The "type" of Navy ADSEP will be reflected on your DD214 upon discharge. This is commonly referred to as your "Separation Code." Depending on the type of ADSEP you receive, you may be limited in your future plans. For instance, Sailors separated for drug use may be unable to re-enlist or serve in federal government positions.

Impacts of Navy ADSEP

The immediate impacts of a Navy ADSEP are obvious -- you lose your paycheck, your active duty benefits, and your career as a Sailor. But the future impacts almost always depend on the "characterization" of your service. How your service is characterized is different than the type of ADSEP you receive. Upon discharge, your service may be characterized in the following manners:

• Honorable. An honorable discharge is appropriate when the quality of the member’s service generally met the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate.
• Under Honorable Conditions (General). A general discharge is awarded when the quality of the member's service has been honest and faithful; however, significant negative aspects of the member's conduct or performance of duty outweighed positive aspects of the member's service record.
• Under Other Than Honorable Conditions (OTH). A discharge under other than honorable conditions (OTH) occurs when the separation involves conduct involving one or more acts of omissions that constitute a significant departure from the conduct expected of members of Naval Service. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other servicemembers of the military service, those punishable by punitive discharges, extended unauthorized absence, drug abuse, and drug distribution (trafficking).

The "characterization" of your service determines how the Department of Veterans Affairs will provide you benefits. Although every case is different, the following rules generally apply:

• If your service is characterized as Honorable, you are entitled to all VA benefits.
• If your service is characterized as Under Honorable Conditions (General), you are not eligible for the GI Bill. However, you are likely to be eligible for all other VA benefits (disability compensation, hospital care, etc.).
• If your service is characterized as Under Other Than Honorable Conditions (OTH), you are likely to lose all VA benefits, to include the GI Bill, disability compensation, and medical care.

For more information about characterization of service and VA benefits, check out our FREE PAMPHLET - "Benefits by Discharge Characterization."

How to Rebut a Navy ADSEP

If you are facing a Navy ADSEP, our guides and products can help. If you are interested, please feel free to read more on our website or purchase a Navy ADSEP Response Template below:

Navy ADSEP Response Template

Our ADSEP Response Template is written by experienced military officers. When you purchase this template, you will be able to download and get started!

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