To view or download the complete regulation, click on the the link to it in the box above these comments.
This is the regulation that allows but does not require Marines absent 180 days
to be discharged administratively at Quantico, Lejeune, Pendleton, Cherry Point, Miramar, Parris Island,
or San Diego.
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MCO P5800.16A (28 Nov 05)
5003. DESERTION STATUS
1. If a Marine -
a. Is absent from the parent command without authority over 30
days; or
b. Is believed to have gone to or is remaining in a foreign
country, and to have applied for or accepted any type of asylum or
residency permit from such country, or any governmental agency
thereof; or
c. Is an escaped prisoner (see paragraph 5011 for detailed
instructions); or
d. Is a person reported as being in an unauthorized absence
status who has had access to Top Secret information during the last 12
months; or
e. Is a person who's location is known, Commanders may publish a
DD Form 553 to ensure the Marine is apprehended with dispatch.
2. Then take the following actions -
...
d. Prepare and distribute the DD Form 553
...
(7) Immediately upon completion of Signature date block entry
(18f), the DD Form 553 must be submitted electronically/facsimile to
PSL in order to comply with NCIC Operating Standards for “Warrants
For Wanted Persons.” Due to guidelines set forth in the FBI, NCIC
2000 Operating Manual 1.1., a DD Form 553 must be entered into the
NCIC terminal immediately or within a 24 hour time period from the
date of signature.
...
5010. RETURN TO MILITARY CONTROL (RMC)
...
3. Assignment of Marines Returning to Military Control
a. Absentees will remain on the rolls of their parent
organization upon RMC. Deserters RMC will be assigned as delineated
in Table 5-1. In cases involving special or unusual circumstances,
CMC (PSL) is authorized to deviate from Table 5-1 and direct
assignment to other commands.
b. Upon delivery of the Marine to the major command by crosscountry
chasers, subsequent assignment within the command is a local
matter. A major command is defined as one, which has a general courtmartial
convening authority (GCMCA); a unit is defined as the specific
battalion, squadron, etc.
c. Deserters RMC absent less than 180 days will be returned to
the major command from which absent. Deserters absent greater than
180 days, with the exception of those pending administrative or
disciplinary action at the command from which absent, will be
reassigned to the non-operating force major command nearest the point
of apprehension or surrender, compatible with their MOS (ground or
aviation), and based upon their location (i.e. East/West of
Mississippi) as depicted in Note 2 of Table 5-1.
...
Table 5-1
| Rule |
If Marines absent themselves from: |
and the Marines: |
The Marines will be: |
| 1 |
CONUS commands not listed in Rule 2 |
Have been absent 180 days or less |
returned to the command from which they originally absented themselves (see Note 1). |
| are male and have been absent over 180 days |
assigned to the command listed in Note 2 which is closest to the point of surrender or apprehension and
based on their location (i.e. East/West of the Mississippi. |
| are female and have been absent over 180 days |
assigned to MCAS Miramar |
| 2 |
any of the following commands: MATSGs, Marine barracks, Marine Corps security force companies, Marine
detachments, formal schools and inter-service schools, commands within the 4th Marine Aircraft Wing,
4thFSSG, or 4th Marine Division, and separate (independent) Marine commands which do not have
general court-martial convening authority |
Have been absent 30 days or less and have not been dropped to desertion |
returned to the unit from which they originally absented themselves. |
| Have been absent over 30 days or have been dropped to desertion |
assigned to the command listed in Note 2 which is closest to the point of surrender or apprehension and
based on their location (i.e. East/West of the Mississippi. |
| 3 |
WESTPAC commands, to include Hawaii, not listed in Rule 2 |
are returned to military control while in WESTPAC |
assigned as directed by CMC (PSL) (see Note 3). |
| are returned to military control in CONUS after being absent 180 days or less |
assigned as directed by CMC (PSL) (see Note 3). |
| are male and are returned to military control in CONUS after being absent more than 180 days |
assigned to the command listed in Note 2 which is closest to the point of surrender or apprehension, and
based on their location (i.e. East/West of Mississippi). |
| are female and are returned to military control in CONUS after being absent more than 180 days |
assigned to MCAS Miramar |
| 4 |
any command not covered by rules 1 through 3 |
| Have been absent 30 days or less and have not been dropped to desertion |
returned to the command from which they originally absented themselves |
Note 1. Students absent from SOI, MCSSS, and MCES less than 180 days will be returned directly to the respective
school. Those students absent greater than 180 days will be assigned per Note 2. Note 2. MCB Quantico; MCB
Camp Lejeune; MCB Camp Pendleton; MCAS Cherry Point; MCAS Miramar; MCRD/ERR Parris Island;
MCRD/WRR San Diego. Note 3. CMC (PSL) will assign deserters to the command listed in Note 2 nearest the
point of apprehension or surrender compatible with the Marine's MOS (ground or aviation). |
To view or download the complete regulation, click on the the link to it in the box above these comments. |
MCO 5800.10B (05 Jan 00)
3. Definitions.
a. Absentee. A Marine in an unauthorized absence status
for less than 30 days. b. Deserter. A Marine in an unauthorized absence status
for greater than 30 days; or is believed to have gone to, or
is remaining in a foreign country, and to have applied for or
accepted any type of asylum or residency permit from such
country, or any governmental agency thereof; or is an escaped
prisoner; or is a special category absentee as outlined in
reference (a). |
To view or download the complete regulation, click on the the link to it in the box above these comments.
This regulation allows but does not require Marines to be discharged administratively
instead (Latin: in lieu) of being court-martialed after an Unauthorized Absence.
Characterization of service will normally be Other Than Honorable.
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MCO P1900.16F (MARCORSEPMAN) (JUN 06 2007)
6419. SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL
1. A Marine may be separated upon his or her request in lieu of trial by
special or general court martial if charges have been preferred with respect
to an offense for which a punitive discharge is authorized and it is
determined that the Marine is unqualified for further military service. This
provision may not be used as a basis for separation when the current version
of the Manual for Courts Martial provides the sole basis for a punitive
discharge unless the charges have been referred to a court-martial authorized
to adjudge a punitive discharge.
2. Characterization of service normally shall be under other than honorable
conditions, but characterization as general (under honorable conditions) may
be warranted in some circumstances. Characterization as honorable is not
authorized for a Marine who has completed entry level status unless the
Marine's record is otherwise so meritorious that any other characterization
clearly would be inappropriate. When characterization of service under other
than honorable conditions is not warranted for a Marine in entry level status,
the separation shall be described as uncharacterized.
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