Leaders Guide - Retirement/Separation - Marine is Resisting Involuntary Separation

In cases where separation from the Corps is involuntary, such as for the convenience of the government, for cause, or for other reasons beyond their control (such as being passed over twice for promotion etc) Marines may feel resentful, out of control, betrayed, or abandoned. They may be unsure of their future employment, depending on their record, or the Corps may have become their sole life and identity. They may feel the action is unfair, that someone is out to get them, or that the organization they feel they have served so faithfully does not appreciate them or has let them down. This will be especially true for those who have put in many years of service. They may become despondent and avoidant. For many involuntary separations, the individual Marine may have a non-compliant attitude towards the Marine Corps and feel they shouldn't have to do anything since they are being forced out. They may not conduct their final physical in a timely manner, or may not go to a transition seminar or some other required activity in the hopes that if they haven't done all of the required items, they will not be separated. The challenge for the leader is to treat each case on its own merits.

What to Look For

Failure of the Marine to actively participate in the separation process.
Anger, resentment, counterproductive behavior.
Disruption of unit morale.

What to Do

Early intervention is the most helpful, before the Marine gets into trouble. Try first to understand the causes of their resistance to separation. Let them know their rights to due process and recourse. Offer to provide help in any reasonable way.
Help them understand how compliance with the process is in their best interest. In many cases, future benefits may be at stake, which they will want to maximize.
Hold the Marine accountable for any inappropriate behavior.
Ensure proper adherence to the steps laid out in MCO P1900.16F. The checklists will ensure that all milestones are hit in a timely manner. Much of the process is focused on transition assistance, helping them get the employment and resources they need to support themselves in the civilian world.
The following are common stumbling blocks for Marines who are leaving the service involuntarily:
- Final physicals: Marines who think that they will be retained on active duty past their separation date if they haven't finished their final physical are incorrect: they will be separated on the scheduled date. Any medical concerns will subsequently have to be taken care of on their own time after separation.
- Transition assistance: Title 10, U.S. Code mandates that all separating service members be given transition assistance. Participation can include waiving the opportunities afforded. However, participation is to their advantage, to prepare them to support themselves in the civilian world.
- Leave management: Marines can only sell back 60 days of leave during a career. If a Marine has poorly planned his or her transition time, there is a possibility that leave may be lost. It is incumbent upon the command to work with separating Marines to ensure that Marines get the opportunity to use any leave that they have as a balance. Permissive TAD is not a right and Marines should not plan on this as additional days unless approved by the command.
For Marines who are attempting to stay in the service against involuntary separation, it becomes more imperative that the command ensures that all legislated actions are taking place.

What to Avoid

Telling them to “suck it up,” “get over it,” or similar advice.
Ignoring the problem and hoping it will go away.
Taking actions without informing the Marine in order to expedite the separation.
Not following all of the items on the appropriate checklist.

What to Expect after Taking Action

Most Marines will respond appropriately to leadership involvement when it is perceived to be in their best interest.
Some Marines will continue to resist the process and behave in counterproductive ways, including disruption of the unit.

Troubleshooting

The Marine Corps Separation and Retirement Manual (Short title: MARCORPSEPMAN), MCO P1900.16F, gives specific instructions for all mentioned problem areas / risk factors. Depending on the situation, retirement or separation, dictates which section / checklist will be helpful. For any case where the SEPMAN is vague or there is some confusion, commands can call the HQMC Separations and Retirement Branch, Comm (703) 784 – 9304: DSN 278 - 9304.
If a Marine continues to be disruptive to a unit, the commander will need to decide on drawing a balance between continuing to hold the Marine accountable and possibly prolonging the time to separation, versus cutting their losses via other administrative options.
In some cases, the commander may want to consider sending the Marine Home Awaiting Orders. This has the advantage of removing a potentially disruptive Marine from a unit more quickly, but must be balanced against other issues (suicide risk, rewarding bad behavior, setting an unwanted precedent, etc.).
If the Marine insists on fighting the separation, be sure you afford them all rights are afforded to due process and recourse in order to reduce potential legal liability. Follow the checklists provided in the Appendix section of MCO P1900.16F Separations and Retirement Manual (type of separation / retirement will delineate which checklist to use), consult with the Staff Judge Advocate at your installation, or call the HQMC Separations and Retirement Branch, Comm (703) 784 – 9304: DSN 278 - 9304.