When the Military Wants to Separate You
What Is Administrative Separation?
Administrative separation is when the military wants to discharge you from service for reasons other than criminal misconduct. Unlike a court-martial, this is an administrative process, but it can still have serious consequences for your career, benefits, and future.
Common reasons for administrative separation include failure to meet fitness standards, pattern of misconduct, unsatisfactory performance, personality disorder, drug use, financial irresponsibility, failure to complete required training, or failure to adapt to military life.
Types of administrative discharges range from honorable discharge which preserves most benefits and carries no stigma, to general discharge under honorable conditions which may limit some benefits, to other than honorable discharge which can severely impact benefits and employment opportunities.
This Could Affect Your Entire Future
Administrative separation isn't just about leaving the military. The type of discharge you receive affects your veterans' benefits, security clearance eligibility, federal employment opportunities, civilian employment prospects, educational benefits under the GI Bill, VA healthcare eligibility, and how your military service is perceived for the rest of your life.
What You Can Do Right Now
Understand Your Rights
You have the right to notice of the proposed separation, to respond to the allegations against you, to be represented by counsel, and in some cases to request a board hearing. The specific rights depend on your length of service and the type of separation proposed. Don't waive these rights without understanding the consequences.
Get Legal Help Immediately
Military administrative separations move quickly, and deadlines are strict. You need experienced counsel who understands military law and can protect your rights throughout the process. The earlier you get help, the more options you may have.
Document Everything
Preserve all military records including performance evaluations, awards and commendations, medical records, training certificates, and any documentation related to the separation proceedings. Gather character references from supervisors, colleagues, and community members who can speak to your service and character.
Your Rights in Administrative Separation
Notice and Response Rights
You must receive written notice of the proposed separation including the specific reasons and factual basis for the action. You have the right to submit written materials responding to the allegations, including character references, explanations of circumstances, and evidence in your favor.
Right to Counsel
You have the right to be represented by military counsel at no cost, or to hire civilian counsel at your own expense. Experienced civilian counsel may provide advantages in complex cases or when significant benefits are at stake.
Board Hearing Rights
Depending on your length of service and the proposed discharge characterization, you may be entitled to a hearing before an administrative separation board. This board consists of officers who will hear evidence and determine whether separation is warranted and what characterization is appropriate.
How We Help Service Members
Immediate Response
We review the proposed separation paperwork to identify procedural errors or substantive defenses. We help you understand your options and the potential consequences of each choice. We request delays when possible to properly prepare your defense and gather necessary evidence.
Building Your Defense
We gather evidence to challenge the allegations or mitigate their impact. This includes reviewing your entire military record for positive elements, identifying witnesses who can testify on your behalf, obtaining expert opinions when relevant, and exploring whether medical or mental health issues contributed to any conduct in question.
Representation at Hearings
When you're entitled to a board hearing, we provide aggressive representation. We present evidence in your favor, cross-examine witnesses against you, challenge the government's evidence, and argue why you should be retained in service or receive a more favorable discharge characterization.
Protecting Your Future
Even if separation is inevitable, we work to secure the most favorable discharge characterization possible. The difference between an honorable discharge and other than honorable discharge can affect you for decades. We also help ensure you receive all benefits and entitlements you've earned.
Working Nationwide
Military administrative separation proceedings occur at military installations across the United States and worldwide. We represent service members regardless of where they're stationed, appearing at bases and military facilities as needed.
Frequently Asked Questions
Q: How much will this cost? A: We understand that cost is a major concern for service members. We offer several options including pro bono representation for qualifying cases, discounted rates, and limited scope representation where we handle specific parts of your case. Contact us to discuss what options might work for your situation.
Q: Can I fight this if I'm guilty of what they're accusing me of? A: Yes, even if the underlying facts are true, there may be defenses based on procedural errors, mitigating circumstances, or arguments for retention with counseling rather than separation.
Q: What if I just want to get out of the military anyway? A: The characterization of your discharge matters for the rest of your life. Even if you want to leave, you should fight for an honorable discharge to preserve your benefits and reputation.
Q: How long do these proceedings take? A: Administrative separation proceedings can move quickly, sometimes within 30-60 days. That's why it's important to get legal help immediately upon receiving notice.
Q: Can I appeal if I lose? A: Your appeal options depend on the type of discharge and circumstances. Some discharges can be appealed through military channels, while others may require discharge upgrade proceedings with review boards.
Q: Will this affect my security clearance? A: An unfavorable discharge can impact your security clearance eligibility and future employment requiring clearances. This is another reason why the characterization of your discharge matters.
Resources for Service Members
Military Family Life Counselors are available at most installations for confidential counseling. The Military Family Life Counselor program provides support during difficult times. Base chaplains offer confidential counseling regardless of religious affiliation. Military legal assistance offices can provide initial guidance though they cannot represent you in adversarial proceedings.
Take Action Today
If you've received notice of proposed administrative separation, time is critical. The sooner you act, the more options you may have to protect your military career and future benefits.
Contact Tese Law today for a confidential consultation about your administrative separation case.
Remember: Your military service and sacrifices matter. You deserve proper representation to protect the benefits you've earned and ensure fair treatment under military law.
