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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.

Comentario: Esta norma permite pero no requiere que los Marines sean separados (discharged) administrativamente en vez (Latín: in lieu) de procesados por un consejo de guerra después de una ausencia sin permiso.  La calificación de servicio normal es no honrosa (Other Than Honorable).

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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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).

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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 -

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d. Prepare and distribute the DD Form 553

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(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.

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5010. RETURN TO MILITARY CONTROL (RMC)

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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.

Comentario: Ésta es la norma que permite pero no requiere que un Marine que ha estado ausente sin permiso 180 días sea separado (discharged) administrativamente en Quantico, Lejeune, Pendleton, Cherry Point, Miramar, Parris Island o San Diego.

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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).