Administrative Separations Legal Review - S-1 Procedural Page

Role and responsibility

The commanding officer personally signs the notification letter and command recommendation per MCO 1900.16MCO 1900.16 Chapter 6 paragraph 6302.3. During the commanding officer's official absence, the officer temporarily succeeding to command signs "Acting" on the letter. The unit legal advisor reviews for legal sufficiency per MCO 5800.16MCO 5800.16 Volume 12 (Command Responsibilities in the Provision of Legal Services). The S-1 chief tracks the separation pipeline against the unit roster. The legal clerk processes the case package, stages witness statements, and routes the package through legal.

Source documents flow from the misconduct documentation, prior counseling and Page 11 entries, the JAGMAN investigation report per JAGINST 5800.7GJAGINST 5800.7G, the Substance Abuse Counseling Center (SACC) screening per Chapter 6 paragraph 6303.3, the Personality Disorder procedural file per paragraph 6203.2, and the Sexual Misconduct procedural file per section 6210.4. Outputs include the signed notification letter, the respondent acknowledgment, the administrative discharge board (ADB) record if applicable, the command recommendation, the separation authority endorsement, and the closed case package retained for 3 years per SECNAV M 5210.1.

Per MCO 1900.16 Chapter 6 paragraph 6302.3, notification letters and command recommendations carry the commanding officer's personal signature. Per Chapter 6 paragraph 6303.3, evidence of alcohol or drug abuse or dependence routes the respondent through SACC or an equivalent facility (military medical treatment facility or other DoD counseling facility) for screening and offered treatment before the case refers to a board or forwards to the separation authority.

Trigger events

• Misconduct triggering administrative separation initiation under Chapter 6.
• Prior counseling or Page 11 entry reaching the separation threshold per Chapter 6.
• Substance abuse evidence triggering Chapter 6 paragraph 6303.3 SACC screening.
• Personality Disorder diagnosis triggering Chapter 6 paragraph 6203.2 procedural compliance.
• Sexual misconduct triggering Chapter 6 section 6210.4 procedural compliance.
• ADB request from the respondent.
• IGMC Legal Administration FA inspection covers Enlisted Involuntary Administrative Separations.

Processing workflow

1. Receive the separation initiation. The unit identifies the misconduct basis under MCO 1900.16 Chapter 6. The S-1 receives the initiation package from the chain or the commanding officer.
2. Coordinate legal sufficiency review. Per MCO 5800.16MCO 5800.16 Volume 12, the unit legal advisor reviews the case for legal sufficiency before the commanding officer signs the notification letter.
3. Personally sign notification letters. Per MCO 1900.16MCO 1900.16 Chapter 6 paragraph 6302.3, the commanding officer personally signs notification letters and command recommendations. During the commanding officer's official absence, the officer temporarily succeeding to command signs "Acting".
4. Process SACC screening. Per Chapter 6 paragraph 6303.3, evidence of alcohol or drug abuse or dependence routes the respondent through SACC, a military medical treatment facility, or another DoD counseling facility. Treatment offered before the case refers to a board or forwards to the separation authority.
5. Apply Personality Disorder procedures. Per Chapter 6 paragraph 6203.2, separations for Personality Disorder follow specific procedural rules including medical board input, command-directed mental health evaluation, and the respondent's rights election.
6. Apply Sexual Misconduct procedures. Per Chapter 6 section 6210.4, sexual misconduct separations follow specific procedural rules including notice requirements, the respondent's rights election, and trial counsel review.
7. Stage the case package with legal advisor review. The legal clerk assembles the package: notification letter, respondent acknowledgment, JAGMAN investigation report, supporting evidence, medical board input where applicable, and the command recommendation.
8. Forward to the separation authority. Per MCO 1900.16 Chapter 6 separation authority rules, route the package to the appropriate separation authority based on the proposed characterization.
9. File the certified case packet. Per SECNAV M 5210.1 (2019), retain Activity Discharge Records for 3 years.
10. Update MCTFS. On separation authority approval, cut the separation transaction in MCTFS per MCO 1900.16 Appendix E.

Systems of record and forms

Systems

• MCTFS. Holds separation status and final pay state.
• UD-MIPS. Cuts the separation transaction per Appendix E.
• Unit Legal File. Holds the certified separation case packet labeled per SECNAV M-5210.2.
• SACC. Holds the substance abuse screening and treatment record.
• Medical Treatment Facility Records. Holds the Personality Disorder mental health evaluation.

Forms

• Notification of Administrative Separation Letter. Signed by the commanding officer per Chapter 6 paragraph 6302.3.
• Respondent Acknowledgment of Rights. Per Chapter 6.
• Command Recommendation. Signed by the commanding officer.
• Separation Authority Endorsement. Issued by the convening or separation authority.
• SACC Screening Record. Per Chapter 6 paragraph 6303.3.
• Mental Health Evaluation for Personality Disorder. Per Chapter 6 paragraph 6203.2.
• NAVMC 118 (11) Administrative Remarks. Page 11 documenting separation actions per MCO P1070.12K paragraph 4007.

Common pitfalls

• Notification letter signed by an officer other than the commanding officer or properly "Acting". Per Chapter 6 paragraph 6302.3, the commanding officer personally signs. During official absence, the successor signs "Acting". Other signatures void the notification.
• Alcohol or drug abuse evidence without SACC screening. Per Chapter 6 paragraph 6303.3, screening runs before board referral or separation authority forwarding.
• Personality Disorder separation without procedural compliance. Per Chapter 6 paragraph 6203.2, the medical board input, mental health evaluation, and rights election are required.
• Sexual Misconduct separation without procedural compliance. Per Chapter 6 section 6210.4, the specific procedural rules apply.
• Legal sufficiency review skipped. Per MCO 5800.16MCO 5800.16 Volume 12, the unit legal advisor reviews before the commanding officer signs.
• Page 11 entry missing on adverse separation action. Per MCO P1070.12K paragraph 4007, every adverse action records on Page 11.
• Activity Discharge Record destroyed before the 3-year retention. Per SECNAV M 5210.1, the retention is 3 years from the activity copy.
• Notification letter dated after the command recommendation. The sequence flips. Re-cut with the correct date order.

Decision points

• Notification versus Board procedure. Per Chapter 6, low-grade or short-service Marines route through notification procedure. Marines with 6 or more years of service or facing Other Than Honorable characterization route through Board procedure.
• ADB membership composition. Per Chapter 6, the ADB carries 3 voting members at the grade and experience required by the rule. The S-1 supports the convening order and the member appointments.
• Treatment versus immediate separation on substance abuse evidence. Per Chapter 6 paragraph 6303.3, treatment offered before separation forwarding. The respondent's election and the medical recommendation drive the path.
• Characterization recommendation. Per Chapter 6 paragraph 1004 and Table 1-1, the commanding officer recommends Honorable, General (Under Honorable Conditions), or Other Than Honorable. Legal advises. The separation authority decides.

Authority

This sub-page sits under MCO 5800.16MCO 5800.16 Volume 11 (Administrative Separations and Investigations) and Volume 12 (Command Responsibilities), and MCO 1900.16MCO 1900.16 Chapter 6 paragraphs 6203.2 (Personality Disorder), 6210.4 (Sexual Misconduct), 6302.3 (Notification Letter), and 6303.3 (SACC Screening). JAGINST 5800.7GJAGINST 5800.7G covers any preceding administrative investigation. SECNAV M 5210.1 (2019) sets the 3-year Activity Discharge Record retention. The IGMC Legal Administration FA Checklist items 0501-0506 audit enlisted involuntary administrative separation compliance.

Related references

• MCO 5800.16 Volume 11 and Volume 12. Marine Corps admin separation legal framework.
• MCO 1900.16 Chapter 6 paragraphs 6203.2, 6210.4, 6302.3, 6303.3. Procedural rules.
• JAGINST 5800.7G. Administrative investigations cross-reference.
• SECNAV M 5210.1. Retention schedule.
• IGMC Legal Administration FA Checklist items 0501-0506. Audit baseline.