Administrative Separation Hearings

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If you and your family relies 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 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:

  • Misconduct – Commission of a Serious Offense
    • Drug Offenses
    • Violation of General Orders or Regulations
    • Fraternization
    • Sexual Harassment


An Officer or Enlisted Service Member who has been separated from the military for misconduct will face life time 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 members 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.