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Administrative Separation Hearings

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Administrative Separation Hearing Lawyer

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If you and your family rely on your military career for financial stability, an Officer Show Cause Board of Inquiry or Enlisted Administrative Separation proceedings can easily lead not only to the loss of your career, but also loss of benefits you have earned through your branch of service and Veterans’ Administration if an Other Than Honorable Conditions Discharge is recommended.

Involuntary administrative separation may be used if you are accused of:

If you’re dealing with an administrative separation hearing, take action now. Call (888) 490-0876 or contact us online to arrange a free consultation with a dedicated administrative separation hearings attorney.

What is an Administrative Separation Hearing?

Administrative separation hearings are proceedings designed to determine whether a service member should be involuntarily discharged from the military due to alleged misconduct, failure to meet standards, or other issues. Unlike court-martial proceedings, administrative separation hearings are not criminal trials but rather administrative procedures conducted by a board of officers.

The hearing’s purpose is to review evidence, hear testimony, and decide whether separation is warranted, and if so, what characterization of discharge should apply. The outcome can affect a service member’s eligibility for veterans' benefits, future civilian employment, and their reputation.

What is the Administrative Separation Process?

The administrative separation process typically follows these steps:

  • Notification of Separation: The service member receives written notification of the intent to separate them from the military. The notification will include the basis for the separation, the type of discharge being recommended, and information about the hearing process.
  • Responding to the Notification: Service members must respond to the notification, which may involve choosing to request an administrative separation hearing. In some cases, the service member may waive their right to a hearing, though this is not recommended without consulting an attorney.
  • Preparation for the Hearing: This stage involves gathering evidence, identifying witnesses, and formulating a defense. An administrative separation hearings attorney plays a critical role in this phase, ensuring that the service member’s case is thoroughly prepared.
  • The Administrative Separation Hearing: The hearing is conducted before a board of officers or senior enlisted members, depending on the circumstances. Evidence is presented, witnesses may testify, and both sides make arguments. The board then deliberates and issues a recommendation on whether to separate the service member and what type of discharge to impose.
  • Final Decision: The commanding authority reviews the board’s recommendation and makes the final decision. While they often follow the board’s recommendation, the commanding officer has discretion to modify the outcome.

How to Defend in an Administrative Separation Hearing?

The right defense strategy can make a significant difference in the outcome of an administrative separation hearing. Common defense approaches include:

  • Challenging the Evidence: Evidence supporting separation must meet specific standards. Flawed, incomplete, or improperly obtained evidence can weaken the case against the service member.
  • Demonstrating Mitigating Factors: Presenting evidence of mitigating circumstances, such as personal challenges, medical issues, or positive contributions to the unit, can influence the board’s decision.
  • Highlighting Command Errors: Procedural errors by the command can invalidate the separation process. A skilled administrative separation hearings lawyer can identify and challenge such errors.
  • Character References: Statements from colleagues, superiors, or others attesting to the service member’s value and character can carry significant weight.
  • Showing Rehabilitation Efforts: Evidence of rehabilitation, such as completion of substance abuse treatment or counseling, can demonstrate a commitment to improvement.
  • Arguing for Retention: In some cases, it may be possible to argue that the service member’s continued service is in the military’s best interest.

An administrative separation hearings attorney can evaluate the evidence, identify weaknesses in the case against the service member, and present a compelling argument to the board.

What are the Consequences of an Administrative Separation Hearing?

An Officer or Enlisted Service Member who has been separated from the military for misconduct will face lifetime adverse consequences. Government counsel at separation proceedings frequently argue to the Board that this should not be considered as a punishment, but instead as simply being fired. Nothing can be further from the truth – a service member who has been separated with a discharge characterized as Other Than Honorable Conditions will endure significant difficulties trying to secure employment. Substantial all befits earned as a result of service may be denied by the Veteran’s Administration. Even if the individual has over 20 years of service, retirement benefits can be denied in the discretion of the Secretary of that branch of service.

Many people believe that an OTH discharge can be easily upgraded after separation, that is simply not the truth. You really only have one opportunity to defend yourself and you need to do so with the representation by a highly experienced military attorney who has successfully saved the career and benefits of hundreds upon hundreds of service members.

Contact our firm today for the knowledgeable and reputable representation you deserve.

What to Expect at Your Separation Hearing?

Administrative Separation and Show Cause Board of Inquiry hearings are substantially different form court-martial proceedings. The vast majority of due process rights that are available at a court-martial, are not available at separation proceedings. There is no ability to compel witnesses to appear – no subpoena power over civilian witnesses and military witnesses are routinely denied. The “Hearsay” rule you will routinely hear about in a court-martial plays no role – which means one- sided Reports of Investigation and unsworn statements play a significant role in the proceedings and frequently is the totality of evidence presented by the Government.

At the Law Firm of McCormack & McCormack, we are fully prepared to provide first-class legal representation to Officers and Enlisted Members facing Show Cause Board of Inquiry or Administrative Separation actions. We have saved the military careers of countless Officers and Enlisted Service Members.

Let us know today why you are facing an Officer Show Cause Board of Inquiry or Enlisted Administrative Separation hearing, and we can start to work on building your defense as soon as possible. Call (888) 490-0876 to begin.