Military Discharge Lawyer for Involuntary Administrative Discharge or Separation
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.
Our Military Discharge Lawyers Can Fight Involuntary Administrative Discharges
Finding yourself facing an involuntary administrative discharge from the military can be a life-changing and heartbreaking experience, resulting in loss of benefits, educational opportunities, and career aspirations. Fortunately, you have options to fight this discharge, and you do not have to do it alone. A military discharge lawyer who knows military laws and the system can examine your individual situation and find ways to fight for your rights to continue in the service and retain the benefits you deserve.
The military defense lawyers at the Law Offices of Richard V. Stevens, handle only military law. Contact us for a free consultation to determine the best way to dispute your involuntary discharge today, at 888-399-0693.
Why You Need a Military Discharge Lawyer
An involuntary administrative discharge 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 the military member has been accruing over his/her career; the GI Bill may be lost
- prevent the military member from retiring
- 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 consequences, experienced and aggressive defense representation from a military discharge lawyer is crucial in an involuntary administrative discharge action, hearing, or appeal.
How Does a Military Discharge Lawyer Dispute a Discharge?
There are a variety of reasons for involuntary discharges, including failure to be promoted, disciplinary or health problems, and family issues. Depending on the circumstances, there are several ways to fight the discharge. These include appealing the discharge, disputing the characterization of the discharge or the reason for the discharge and/or the reenlistment eligibility code (RE Code).
If a military member is administratively discharged, his/her 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 experienced military discharge lawyers at the Law Offices of Richard V. Stevens understand that the process of appealing an involuntary administrative discharge can be complex, and your future depends on the outcome. We will file your appeal correctly and in a timely manner, ask for time to correct any issue specified in your notice of counseling, and bring your case to the appropriate board for review, as necessary. Call us today at 888-399-0693 to get started.
Types of Administrative Discharge
There are three characterizations of administrative discharge:
- 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. Because an Honorable Discharge is the top characterization of administrative discharge, that is not normally the characterization for an involuntary administrative discharge.
In addition, a Military Academy Cadet could face disenrollment, which is also a type of administrative discharge.
What Is a Dishonorable Discharge? What Is a Bad Conduct Discharge?
There are other types of military discharge that are not administrative discharges. These are “punitive discharges.” A Dismissal, 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 under the Uniform Code of Military Justice (UCMJ). It is important to understand the difference, as there are severe punishments that go beyond the consequences of administrative discharges.
- Bad Conduct Discharge consequences — may result in prison time and are a barrier to future military service.
- Dishonorable Discharge consequences – are the most punitive of all military discharges for cases that may involve desertion, murder, fraud, and other crimes. Punishments may include federal criminal conviction, confinement in military prison, and even death if authorized.
How Involuntary Administrative Discharge Works
The different military branches refer to involuntary administrative discharge in different terms:
- “Admin Discharge”
- “Admin Separation”
- Being “Chaptered” (Army reference to the chapter of administrative separation regulation, AR 635-200, such as Chapter 14 for misconduct)
For military officers, 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. The procedure is as follows:
- Evidence is admitted
- Witnesses are questioned and cross-examined
- Arguments are made by the attorneys for each side to the administrative board members
- The board members deliberate and return their recommendation about the proposed discharge.
Defending military members facing involuntary administrative discharge or appealing an administrative discharge is what military defense lawyers Richard V. Stevens and Frank J. Spinner do. The only type of law they handle is military law. Mr. Stevens and Mr. Spinner are civilian criminal defense attorneys and former military JAG lawyers who exclusively defend military members stationed around the world who are facing military trials, discharge/separation, appeals, discipline, and investigations.
How Do I Dispute a Military Discharge?
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. If you want to learn how to dispute a military discharge, talk to the attorneys at our law firm today. Call our team at 888-399-0693 for a free initial case consultation.