Administrative Separation Defense Attorney | On Your Side

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There are few things worse for a service member than facing an involuntary administrative action, which is the way the military terminates its service members. If you are facing administrative separation, you need an experienced administrative separation defense attorney on your side. Contact UCMJ Defense Attorney at Law today to learn more about how our firm can assist you. 

Typically, a service member will face administrative separation if he or she is accused of misconduct or wrongdoing. Some of the most common causes of administrative separation actions are as follows:

• Using illegal drugs
• Criminal conduct
• Moral or professional dereliction
• Poor duty performance
• Showing a pattern of misconduct
• Failing to meet certain physical requirements

Once a service member is referred for separation, they are required to make an election of rights about how to proceed, and they are allowed to consult an attorney for help making that election. UCMJ Defense Attorney at Law can explain the due process protections that are in place for your type of case. Enlisted members and non-probationary officers are entitled to an administrative separation board hearing. In some cases, the service member is not entitled to a board but is entitled to receive an attorney’s help in preparing written rebuttal matters.

In all cases, the command will have a legal officer who is likely advising the commander to try all available options to separate the service member. That attorney will present evidence against the service member, and even if the evidence is incomplete, out of context, or false, generally the command still pursues separation. That said, as a service member facing administrative separation, you have a right to retain competent legal counsel who can work to disprove any allegations made against you.

There are many factors to assess at the outset of an administrative separation case to determine the best options for protecting a service member’s career. These factors include one’s time in service; whether the military member is enlisted or a commissioned officer; whether the military member is in active duty, reserve, or guard status; the basis of the action; and who has the authority to make decisions about the case.

For cases that go before a board, once the board hears your case, they will first make findings about whether the evidence establishes the allegations against the service member. In many cases, UCMJ Defense Attorney at Law has successfully protected a military member’s career by showing the board that the command’s allegations are based on unreliable information. If the board determines that the evidence does not support the allegation, then the case is closed, generally with no further action against the service member.

In cases in which a board decides that the evidence does establish the allegation made against a service member, the service member is further entitled to present evidence in mitigation or extenuation. UCMJ Defense Attorney at Law has a strong record of persuading board members to recommend retention of a service member despite proven misconduct such as drug use, driving under the influence, and other isolated criminal conduct.

There are cases, however, in which the board decides to recommend separation. In these cases, the board must make a recommendation about the characterization the service member should receive when discharged. It is important to understand that there are still opportunities to advocate and improve outcomes for military members who are in this position. The approval authority may approve the board’s recommendation, or the approval authority could be persuaded to direct an outcome that is more favorable than the board’s recommendation. Our experienced UCMJ defense attorney will aggressively stand up for you at every available opportunity during the process.