Administrative Separation Lawyer

An administrative separation can mean a premature 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. Our Honolulu-based administrative separation lawyer could guide you through this process and handle any charges that may threaten your livelihood.

Administrative separation 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 and Punitive Separation?

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 both civilian and military circles.

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. Our Honolulu-based attorney could help protect the reputation any service member across the globe who is facing administrative separation.

Receiving 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. Once a service member has received notice of administrative separation, they should reach out to our experienced attorney who is based in Honolulu.

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. 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 a Honolulu-Based Administrative Separation Attorney

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, our skilled Honolulu-based administrative separation lawyer could help you fight to keep your contract and your reputation as a soldier. Because Attorney David Hendrickson is a former military member himself, 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.