Are you facing a military administrative separation and don’t know what to do next? You have legal options and rights, and Matthew Thomas Law, PLLC, is here to guide you.

We understand how challenging this process can be and are committed to helping you protect your future, reputation, and career. Attorney Matthew Thomas is an award-winning former USMC Defense attorney, so he knows what’s at stake, and how you can win your administrative separation case. 

What is Military Administrative Separation?

An administrative separation is a process that can lead to a service member being discharged. This can impact your career, benefits, and future opportunities. The most common reasons for administrative separation include:

• Drug Abuse

• Pattern of Misconduct

• Commission of a Serious Offense (COSO)

• Body Composition Program (BCP) Failure

Your Rights During Military Administrative Separation

The administrative separation process comes with certain rights, and these depend on how long you’ve served and the type of discharge you’re facing. Here’s an overview:

Right to a Board Hearing

If you're facing an Other Than Honorable (OTH) characterization, you have the right to take your case to a board, no matter how long you've served. Additionally, if you’ve served for six or more years (eight for some Coast Guard members), you generally have the right to a board hearing regardless of the type of discharge. We strongly recommend not waiving this right, because a board hearing gives you the chance to defend yourself.

Conditional Waiver Option

In some cases, you can submit a "conditional waiver" to give up your right to a board hearing in exchange for a more favorable discharge characterization. This option should only be used after careful evaluation, as the command is not obligated to accept your terms. For example, a service member facing an OTH discharge may offer to waive their board rights in exchange for a General (under Honorable Conditions) Discharge, but this needs approval from the Separation Authority.

Right to Submit Written Evidence

Even if you’re not eligible for a board hearing, you can still submit written evidence to dispute the basis for separation or argue for retention. You can present documents, testimonials, and other evidence supporting your case. For instance, a military member without board rights due to a short service time can still submit documents showing a history of strong performance to challenge a misconduct separation.

Right to Legal Representation

You have the right to be represented by a military defense attorney at no cost. However, many service members choose to hire civilian attorneys because they are more experienced than the uniformed counsel that get assigned to these types of boards. Military administrative separation boards typically have thousands, if not millions of dollars at stake. An experienced military defense attorney is often the better option.

Get a Former USMC Defense Attorney on Your Side Today

Your reputation and your career are on the line. So don’t hesitate. Reach out to our team now for representation that knows military law inside and out. Don’t let your administrative separation bring your life to a halt. Contact Matthew Thomas Law, PLLC for consultation. Let’s fight for your rights and your future, call us today at (910)-939-0263.