Administrative Separation

At Military Defender, we frequently represent service members who are facing administrative separation proceedings without fully understanding how serious these actions can be. Many assume that because there is no court-martial involved, the consequences will be minimal. In reality, administrative separation can end a military career just as quickly — and sometimes just as permanently. An administrative separation, often referred…

For many service members, an administrative separation can be just as damaging as a criminal conviction—sometimes even more so. Unlike court-martial proceedings, administrative separation does not require a guilty verdict under the Uniform Code of Military Justice (UCMJ). Yet the consequences can permanently affect a service member’s career, benefits, reputation, and future civilian opportunities. At MilitaryDefender, a veteran-owned law firm…

Separation hearings, generally In general, SBs and BOIs are very similar, the primary difference is that SBs are for enlisted servicemembers and BOIs are for commissioned officers. The Department of Defense has outlined procedures for both separation boards and boards of inquiry. These can be complex proceedings requiring in-depth legal knowledge. Work with a lawyer experienced with separation hearings to…

Grounds for investigation Since the process is non-judicial, the commander can order an investigation for any reason without any concrete evidence. It could be based on gossip heard in the barracks, allegations made by one person and no other witnesses, the interpretation of innuendo, or an anonymous complaint. Common types of administrative actions These are less severe than a court…

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…

Requirements before discharge First, it is important to understand a little bit about separation hearings. While there are numerous grounds for separation for an enlisted offer, there are also certain requirements that your superiors must follow before discharge. According to the Department of Defense Instruction for Enlisted Administrative Separations, section 3d: [It is DoD policy that]: DoD will provide enlisted…