WORLDWIDE MILITARY DEFENSE LAWYER
Administrative Separation Board Process
As a service member, you can face adverse actions other than courts-martial or nonjudicial punishment. Commands can initiate separation proceedings according to the various regulations of each service, resulting in involuntary separation from the military. Separations can occur for a number of reasons, such as failure to maintain weight standards, performance failures, medical reasons, or a number of other issues. Service members can also be separated for allegations of misconduct in lieu of or in addition to courts-martial or other disciplinary measures. Examples of misconduct that can result in discharge proceedings include officer misconduct, drug offenses, DUI or DWI, fraternization, adultery, travel claim fraud, housing allowance fraud, sexual harassment, sexual assault, dereliction of duty and violation of orders.
Although the services claim that administrative separation is not disciplinary in nature, it often feels that way to those subject to such action. These separations can result in a negative discharge where one receives a characterization of service under other than honorable conditions (OTH or UOTH). While not the same as a bad conduct discharge or dishonorable discharge that can be received at a court-martial, the effects of OTH or UOTH are virtually the same as a bad conduct discharge–loss of VA and other benefits, loss of GI Bill, inability to get meaningful work after discharge, and other negative effects. Even characterization of a General Discharge can have lasting negative effects.
Both officers and enlisted personnel can be subject to administrative separations proceedings. Officer’s administrative separation hearings are called Boards of Inquiry. No matter the service or the status of the warrior, administrative separations can destroy careers and future non-military careers. Navigating through administrative separations and associated boards can be confusing, frustrating and overwhelming.
Clear Explanation Of Your Rights
If you are facing a military administrative board, contact military criminal defense lawyer Colby Vokey. Retired LtCol Colby Vokey has successfully handled hundreds of administrative separations and knows how to fight them. He will analyze your particular situation and give you an honest opinion about what you are facing. Whether you need help with your written statement or representation at the board, our firm provides worldwide representation and is ready to travel to any military base in the world.