Administrative Separation & Discharge
Military members facing administrative separation are entitled to due process. In certain situations, they may be entitled to an administrative discharge board. First, when a member has achieved a high enough grade/rank or long enough time in service, they are entitled to a board for any early discharge. Second, when the commander is pursuing an Under Other Than Honorable Conditions Discharge, the member is entitled to a board.
Types of Discharges
Honorable: An honorable discharge ensures a veteran is eligible for all the benefits they have earned during their time in service. It tells civilians you served your country with the highest level of dignity and personal conduct.
General: A general discharge is given to those who's service was satisfactory, though fell short of expectations in some areas. It usually follows disciplinary issues documented through adverse actions. It can limit the veteran's access to certain benefits, most notably, the GI Bill.
Under Other Than Honorable Conditions ("OTH" or "UO"): This is the lowest characterization under which a servicemember can be "fired" administratively. It indicates there has been serious misconduct during the member's service. This type of discharge can severely limit access to any veterans' benefits and limit civilian employment.
Bad Conduct Discharge & Dishonorable Discharge: These types of discharges can only be given through the court-martial process, not through an Administrative Separation Board.
Your Rights At An Administrative Discharge Board
If you are being separated at an Administrative Discharge Board, you have the right to a civilian defense counsel and a military defense counsel. You also have the right to review the evidence against you and present your case to a panel of three unbiased officers. Those officers must decide if there is a basis for discharge, whether you should be discharged, and what the characterization of discharge should be.
It is extremely important to have an attorney who has the knowledge and time to dedicate to presenting your defense. It is very difficult to fight a discharge after-the-fact through the discharge upgrade process. That is why you should consult with an attorney who will ensure you have the best chance at a favorable result.
Stephanie has the experience and dedication to help you fight at your administrative separation board.
Contact Kral Criminal Defense today at 619-376-6820.
Contact Stephanie Today