5/5/11

The Legal Definition of Separation from Service Employment

Separation from service, or discharge, is the act of leaving a career in the U.S. military. Though the term can be used to describe the end of any employer/employee relationship, federal law defines it as a military event. It relieves the soldier of any obligation, including reserve status.
  • Reasons for Separation

    • There are more than a dozen reasons why a service person might separate from service, the most common being expiration of the term of service (ETS), in which the person completes her full service contract and does not "re-up." Soldiers may also be discharged due to physical injury, mental disability, pregnancy, unsuitability or misconduct.

    Types of Separations

    • There are two distinct types of separation: administrative and punitive. Administrative separations are most common, given to soldiers who perform above, at, or just below, military standards. Punitive separations are purely disciplinary in nature, reserved for those who exhibit abhorrent conduct.

    Administrative Separation

    • Administrative separation includes honorable discharges, reserved for soldiers who performed exemplary service; general discharges, for average performance; and "other than honorable," for trivial misconduct or "conduct unbecoming" of a soldier, such as adultery.

    Punitive Separation

    • Punitive separation includes bad conduct, reserved for enlisted soldiers who are court-martialed for serious misconduct; and dishonorable discharge, reserved exclusively for soldiers who commit offensive crimes or exhibit such rancid behavior that they are considered shameful.

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