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Administrative separation lawyer

Have You Received Notice of Administrative Separation?

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What is administrative separation in the military?

An administrative separation can mean an early end to your military career. While there are many types of cases that can constitute being forced out of the military, some common offenses include assault and drug abuse. We could guide you through this process and handle any charges that may threaten your livelihood.

Administrative separation (ADSEP) is the military equivalent of being fired from a job, only with more red tape and paperwork. A seasoned attorney could help protect your reputation and your career from an unfair separation proceeding.

 

WHAT IS THE DIFFERENCE BETWEEN ADMINISTRATIVE SEPARATION AND PUNITIVE DISCHARGE?

 

How long someone is in the military is usually determined by the enlistment contract the servicemember signs when they join their military branch. Two types of processes can end the contract sooner than it expires. These are punitive separation and administrative separation. A punitive discharge occurs when the service member commits a serious crime and is discharged from the military by a Court Martial.

For enlisted servicemembers, this comes in the form of a “bad conduct discharge,” or a “dishonorable discharge.” Officers are subject to “dismissal,” which has the effect of a dishonorable discharge. A punitive discharge is authorized for the majority of offenses under the UCMJ.

Administrative separations are the non-criminal route for military separation before a contract ends. These discharges are not always honorable, and they can have a profound impact on the service member in your military career and civilian life afterward.

Types of Military Discharge.

 

A servicemember can be processed for administrative separation if the preponderance of the evidence supports a finding that he or she committed an offense. The character of service for administrative separation reflects military behavior and performance of duty during a specific period of service. The three characterizations are honorable, general (under honorable conditions), and under other than honorable conditions (“OTH”). The service of Soldiers in entry-level status is normally described as uncharacterized. A servicemember with a general or OTH discharge will forfeit certain benefits depending on the type of discharge. It is often more challenging to find a civilian job with a general or OTH discharge on the books. We can help protect the reputation any service member across the globe who is facing administrative separation.

 

Did You Receive Notice of Administrative Separation?

 

An administrative separation is a serious, complex process that is detailed in service regulations. The first step of this process is when written communication is delivered to the service member that states the basis of the separation. This is where the service member’s offenses are listed and what characterization of service is being recommended. If you have received notice, contact us.

If a servicemember is recommended for an OTH discharge or has 6 years of active service, he or she will be entitled to an administrative separation board to hear the case. The Coast Guard requires 8 years of active service or recommendation of OTH discharge to be entitled to a board. The board, comprised of 3 members, will make recommendations to the separation authority about whether the servicemember should be separated and what characterization of service should be awarded. If a servicemember is not entitled to a board, written rebuttal matters can be submitted to the separation authority. It is crucial that the service member seeks legal help as soon as possible as this process can strip someone of most veteran benefits as well.

 

Call Me Today If You’ve Received

Notice of Administrative Separation

 

A premature end to your military career can follow you throughout your lifetime. It can impact your benefits and your ability to find a career in civilian life. Fortunately, we can help you fight to keep your career and your reputation in the military. David S. Hendrickson has experience as both a prior enlisted servicemember and a highly successful JAG officer. He has a better chance of understanding what route to take for a favorable outcome in your case. You are not alone. Call today to schedule a personal, private consultation with a seasoned attorney.

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808-729-8937

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