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What factors are considered during administrative separation?

On Behalf of | Jul 10, 2020 | Uncategorized |

When you joined the military, you may have intended to make it your nearly life-long career. You wanted to serve your country, learn new skills, find personal growth and gain many other benefits that come along with military service. What you did not anticipate, however, was facing administrative separation proceedings and possibly an early discharge from your branch of service.

The reasons for the discharge could relate to misconduct or other factors, but you still believe that you do not deserve such a severe outcome as a dishonorable discharge from the military. Of course, different types of discharge exist, but even if you are not at risk of a dishonorable discharge, you could face an other-than-honorable discharge or general discharge that still results in a less-than-stellar mark on your service record.

What will go into consideration?

When it comes to administrative separation from the military, your commander may have elected to move forward with involuntary discharge proceedings in relation to your service. The administrative discharge board will convene if necessary, and the following factors will likely go into consideration by the Separation Authority:

  • The likelihood that the issues that led to the separation proceedings will continue or happen again
  • Your entire military record
  • The potential for your rehabilitation as an upstanding military member
  • The severity of the issues that led to the separation proceedings
  • The effects that retaining you as a military member would have on military morale, discipline and good order
  • The possibility of you having a disruptive or undesirable presence during duty assignments
  • Your ability to carry out duties effectively and appropriately

Because involuntary administrative separation is taken seriously by the military, a thorough review of your records will take place as well as an overall assessment of your character and career. This may seem intimidating, but you may want to remember that you could present a defense in your case.

Defending against administrative separation

If you received notice of an investigation into your conduct, you may want to seek help right away. Discussing the notice and any issues you know of with a California attorney experienced in this area of military law may prove useful to you. Knowing that you have an advocate on your side who can help fight for your rights and explain what this process could mean for your career could help you feel more in control and confident as the case proceeds.