Understanding RILFAP: A Strategic Option for Marine Officers Facing Administrative Separation

If you’re a Marine officer facing administrative action like a Board of Inquiry, you’ve likely heard about RILFAP—Resignation In Lieu of Further Administrative Processing. For many Marines, this option provides a path to exit the Corps while avoiding the potentially damaging outcomes of a Board of Inquiry or other administrative separation proceedings. However, before you make any decisions, it’s crucial to fully understand what a RILFAP entails and whether it’s the right choice for your situation.

As military defense attorneys with extensive experience in handling officer administrative separations, we’ve seen firsthand how a RILFAP can impact a Marine’s career and future. While a RILFAP can sometimes offer a more favorable resolution than continuing with administrative proceedings, it’s important to weigh your options carefully with the guidance of a legal professional. In many cases, it is worth the effort to defend your career at a Board of Inquiry.

What is RILFAP in the Marine Corps?

RILFAP—or Resignation In Lieu of Further Administrative Processing—is a process that allows a Marine officer to voluntarily tender their commission and resign from the United States Marine Corps instead of facing further administrative actions. Typically, a RILFAP comes into play when a Marine is facing serious administrative proceedings due to misconduct, substandard performance, or other issues that have caused a loss of confidence from leadership.

When an officer submits a RILFAP to the Assistant Secretary of the Navy (M&RA), they must do so voluntarily and recognize that once submitted, it can only be withdrawn with the permission of the Secretary of the Navy. Additionally, the officer is required to admit that their performance of duty was substandard, and if the cause for separation involves misconduct, the officer must also admit to committing the misconduct.

Furthermore, as part of the RILFAP, the officer is required to acknowledge that if they are separated before they complete their required active-duty contract, they will need to reimburse the Government for any advanced educational assistance they received (US Naval Academy, ROTC, Platoon Leaders Class, Funded Law Education Program, etc.).

Types of Resignation Under RILFAP

When submitting a RILFAP, the officer’s resignation will be categorized into one of three types, each carrying its own consequences for the officer’s characterization of service:

Unqualified Resignation:
This type results in an Honorable Characterization of Service, signifying that the officer’s service meets the highest standards of military conduct.
Qualified Resignation:
This results in a General (Under Honorable Conditions) discharge, which reflects some degree of performance or conduct shortfall but still qualifies the officer for certain benefits and opportunities.
Resignation for the Good of the Service:
This results in an Other Than Honorable (OTH) Characterization of Service, which can have long-term negative impacts on an officer’s post-service life, including VA benefits, employment opportunities, and reputation.

Each of these resignation types has far-reaching implications, and the decision on which resignation to pursue should not be made without expert legal advice. Working with a military defense attorney who understands the nuances of a RILFAP is essential to ensuring that your resignation request is strategically aligned with your best interests.

Why Consider a RILFAP?

A RILFAP may be an attractive option for Marine officers facing a Board of Inquiry for several reasons:

Avoid Potential Career-Damaging Outcomes:
By resigning voluntarily, you may avoid an involuntary discharge that could negatively affect your military record and civilian employment opportunities. Depending on your circumstances, a RILFAP resignation could result in a more favorable discharge characterization.
Preserve Your Future:
Choosing a RILFAP can help you preserve your honor and reputation by leaving the Marine Corps on your terms. This can make a significant difference in how potential employers, licensing boards, or others view your service record.
Move Forward Quickly:
The administrative separation process can be lengthy and stressful. Submitting a RILFAP request can allow you to move forward with your life more quickly, without enduring over a year of uncertainty while the Board of Inquiry process plays out.

The Importance of Submitting Written Matters

When submitting a RILFAP, the officer may include written matters in support of their resignation request, particularly when arguing for an honorable discharge. These written matters can provide important context and justification for why the officer deserves the most favorable discharge characterization.

However, it’s important to note that while these matters are not admissible in a court-martial (with exceptions under Military Rule of Evidence 410), they may be used in other proceedings. Therefore, it’s critical to work with a defense attorney who has experience representing Marine officers in RILFAP cases. Your attorney will help you determine what should and should not be submitted in your matters to maximize your chances of a favorable outcome.

Is a RILFAP Right for You?

While a RILFAP may seem like an easy way out, it’s not a decision to be made lightly. A resignation through RILFAP could still result in an “Other Than Honorable” discharge, which can have long-term consequences on your VA benefits, career prospects, your security clearance, and more. Moreover, your RILFAP request might not be accepted, in which case you would still need to proceed through the administrative process.

Before making any decisions, it’s crucial to consult with a military defense attorney who understands the intricacies of a RILFAP. Your attorney can evaluate your case, help you understand the potential outcomes, and ensure that your resignation request is framed in the most favorable light possible.

Take Control of Your Career with Expert Legal Guidance

Facing administrative separation in the Marine Corps is a stressful and uncertain time. But with the right legal strategy, you can take control of your future. As experienced military defense attorneys, we can help you navigate the complexities of a RILFAP and a board of inquiry to protect your rights, your career, and your reputation.

“Hey, Kevin. Just wanted to say thank you for all the support during all that stuff. I was able to end my tour with being number 1 on the FitRep, MSM and I was just selected for LtCol. Thought I send my thanks because without you it wouldn’t have been possible.” – Major, USMC

If you’re considering submitting a RILFAP or facing a Board of Inquiry, don’t go it alone. Contact the Military Law Center today for a confidential consultation, and let’s discuss your best options moving forward. Contact us at 760-536-9038 or submit a web inquiry and we will call you.