Administrative Separation Attorneys in

NC

Enlisted military members may be involuntarily separated from the military by the administrative separation process. There are many bases that are used to administratively separate an enlisted military member from their branch of service.  Some of the common bases that Commands use are:

 

  • Commission of a Serious Offense (COSO)

  • Pattern of Misconduct (POM)

  • Drug abuse

  • Driving Under the Influence (DUI)

  • Medical issues

  • Body Composition Program (BCP) failure

  • Sexual misconduct

 

Generally, an administrative separation hearing is structured similar to a trial but is much shorter.  On average, the normal administrative separation hearing only lasts a day, whereas court-martials can last weeks.  Similar to a court-martial, an administrative hearing is an adversarial proceeding. The Command and its representative have built a case against you and a board’s decisions about whether misconduct occurred is based upon a much lower standard than court-martial, which is by a preponderance of the evidence standard.  

Unlike a court-martial, the Military Rules of Evidence generally do not apply to these types of hearings and allows the Command to present evidence that normally would be excluded at a court-martial.  On top of that, before the hearing convenes your Command will have hand selected the three members of the unit to serve on your panel.  This panel will act as a jury and determine whether you are able to continue to serve in the military. 

 

While an administrative discharge from the military is non-punitive, it can have significant and detrimental collateral consequences on a person’s future.  If the board separates you and recommends certain characterizations of service it can prevent a military member from being employed in the future, receiving, or maintaining a security clearance, being eligible for Veterans’ Affairs Benefits and can leave a person with a negative stigma for the rest of their life.  Types of discharge an administrative separation board can recommend range from Honorable to General (Under Honorable Conditions), to Other Than Honorable (OTH).

 

If you are under investigation or have received Notification of Administrative Separation or Administrative Discharge paperwork from the military, you need a seasoned military counsel to represent you. Mr. Thomas has advised, counseled, and represented thousands of service members through this process.  Mr. Thomas has earned a reputation for being aggressive and is respected across the country for his skillset in these boards.  Contact Mr. Thomas today and let him represent you so he can present the best case possible to your board.

FAQs

  • A. An administrative separation (“AdSep”) is the way the military determines whether to fire a person. The administrative separation board answers 3 main questions: a) Is there a reason or a basis to separate you; b) Should the service separate or fire you because of that reason or basis; & c) If they determine that you should be separated or fired, they will then decide what the characterization of your service will be.

  • A. There are (3) three characterizations of services:

    • Honorable;

    • General (under Honorable conditions);

    • Other than Honorable

  • A. No, administrative separation boards are not punitive or criminal proceedings like a court-martial. These boards are more similar to a “hiring and firing,” board and are purely an administrative proceeding. No matter the result, you cannot be sent to the brig, put on restriction, or receive a Bad Conduct Discharge. However, the results of these boards can have life-long consequences depending on the result. For an example, if you receive an Other than Honorable characterization of service then you are virtually stripped all of your benefits, like the GI Bill and some VA benefits. An Other Than Honorable characterization of service also negatively impacts your employment opportunities in the future.

  • A. There are some reasons or basis that your command has no choice but to send you to an administrative separation board. Other reasons or basis allow the command to have the discretion on whether or not to send you to an administrative separation board.

  • A. First, you will receive an official notification from your command that they are processing you for Administrative Separation. The official notification typically is provided by a letter drafted by your Command’s CO explaining the reason for the recommended separation.

    1. Consult with counsel (i.e. a lawyer)

    2. Request a hearing before an Administrative Separation Board

    3. Present a package to the Separation Authority in rebuttal to your proposed separation

    4. Obtain copies of documents that will be forwarded to the Separation Authority