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.