Military Defense Lawyer for Involuntary Administrative Discharge or Administrative Separation Cases

An involuntary administrative discharge (also called administrative separation) is a very serious adverse action in which the military is attempting to terminate the employment of the military member – in other words, the military is trying to kick the member out of the military. If you are a military member facing a discharge/separation action, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens has been handling involuntary administrative discharge or separation cases for over 30 years. He, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of this military adverse action.

Why You Need a Military Discharge Lawyer

An involuntary administrative discharge or separation action can have serious, long lasting consequences. Not only does an involuntary administrative discharge end the member’s military career, it can terminate the military benefits and entitlements which the military member has been accruing over his/her career, the GI Bill may be lost, it prevents the military member from retiring and it can have a lasting stigma and impact on future civilian job searches and educational opportunities (such as seeking college or graduate school admission). Given these possible negative consequences, experienced and aggressive defense representation from a civilian attorney who handles military discharge cases could be crucial in defending against the involuntary administrative discharge action, litigating an administrative discharge board hearing, or filing a discharge appeal.

How Do I Dispute a Military Discharge?

This begins by fighting not to be discharged. First, by responding to the written discharge notification and exercising your rights in this legal process. Next, by arguing against the discharge in an admininstrative discharge/separation board hearing (if authorized in your case). This is a litigated board hearing that looks very much like a trial. If a board hearing is not authorized in your case, you fight the case through submitting a written rebuttal package.

If a military member is discharged, he/she can appeal the discharge, as well as appealing the characterization of the discharge, reason for the discharge, and/or reenlistment eligibility code (RE Code). Administrative discharge/separation appeal opportunities include the Discharge Review Board (DRB) for the military service branch and the Board of Corrections for Military Records (BCMR)(or BCNR for Navy/USMC) for the military service branch. The process of appealing an involuntary administrative discharge can be complex and the outcome could significantly affect your future. If you find yourself in need of legal assistance in this process, a skilled and experienced attorney can guide you through the process and help safeguard your rights.

If you are a military member facing an involuntary administrative discharge, or you have already been discharged, working with a knowledgeable military defense lawyer can be critical. The consequences of an adverse discharge are serious, and a skilled attorney can help you fight separation, prepare for a board hearing, or pursue a discharge upgrade through the appeals process.

Types of Military Administrative Discharge

There are three characterizations of administrative discharge:

• Honorable
• General (also called “Under Honorable Conditions”)
• Under Other Than Honorable Conditions (“OTH” or “UOTHC”)

When a military member is facing involuntary administrative discharge, the characterization of the discharge is normally either General or Under Other Than Honorable Conditions. This is because an Honorable Discharge is the highest characterization of administrative discharge, and that is not normally the characterization the government seeks for getting kicked out of the military.

In addition, a Military Academy Cadet could face disenrollment, which is also a type of administrative discharge.

Dishonorable Discharge and Bad Conduct Discharge – Not Administrative Discharge Characterizations

There are other types of military discharges that are not administrative discharges. These are “punitive discharges.” A Dismissal (officer court-martial cases), Dishonorable Discharge, or Bad Conduct Discharge are not administrative discharges. They are punitive discharges that can only be adjudged as a part of a court-martial sentence. It is important to understand the difference and to recognize that these discharges are not the type of discharge characterization a military member gets from the administrative discharge process.

Involuntary Administrative Discharge In The Different Military Branches

The different military branches refer to involuntary administrative discharge in different terms:

• “Administrative Discharge”
• “Administrative Separation”
• “AdSep”
• Being “Chaptered” (Army reference to the chapter of administrative separation regulation, AR 635-200, such as Chapter 14 for misconduct)

For military officers, the involuntary administrative discharge action can be referred to as:

• “Administrative Discharge”
• “Administrative Separation”
• “BOI” or “Board of Inquiry”
• “Show Cause”
• “Officer Elimination”

Depending on the rank or years of service of the military member, and/or the characterization of administrative discharge sought by the military, the military member may be entitled to a formal administrative discharge board hearing.

This hearing is a litigated administrative board hearing that looks similar to a trial with fewer evidentiary rules and a lower burden of proof. Evidence is admitted, witnesses are questioned and cross-examined, arguments are made by the attorneys for each side to the administrative board members, and those board members deliberate and return their recommendation about whether the military member should be discharged and, if so, what the characterization of the discharge should be.

Defending military members facing involuntary administrative discharge or appealing an administrative discharge is what military defense lawyer Attorney Richard V. Stevens and the attorneys in his law firm do. The only type of law they handle is military law. Attorney Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively defends military members stationed around the world who are facing military trials, discharge/separation, appeals, discipline, and investigations.

IF YOU’RE FACING INVOLUNTARY ADMINISTRATIVE DISCHARGE OR SEPARATION, OR ARE APPEALING A DISCHARGE ACTION, DON’T HESITATE TO SEEK THE LEGAL HELP YOU’RE GOING TO NEED. FOR A FREE INITIAL CASE CONSULTATION, PLEASE CONTACT US.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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