I routinely get calls from former members of the Navy, Marine Corps, and Army who have been involuntary separated after an administrative separation (ADSEP) board, or “Chapter” in the Army. Most were discharged with an Other Than Honorable (OTH) characterization of service. All want to know if they can get their discharge upgraded and get back into the military.
Unfortunately, I see a growing trend where the junior JAG defense counsel representing these service members misses a significant procedural or evidentiary issue. The junior JAGs are not bad attorneys. They are, for the most part, new attorneys. They have never been on deployment, or spent any significant time with operational units. In many cases, they simply don’t know the questions to ask or the evidence to look for.
Ironically, these former members of the military are willing to hire me to pursue a discharge upgrade, change in reenlistment code, and modification of basis for separation. Only about 5% of those cases are successful, and I tell each one of them that statistic before he or she hires me.
Had these same individuals, while they were still on active duty receiving a twice monthly pay check, made the same financial and personal commitment to their military career by hiring me to represent them at their ADSEP board, it is likely they would either still be in the military or have been discharged with a more favorable characterization of service.
I’ve said it before – the best opportunity to fight your involuntary separation from the military and to protect your career and service is to make sure you have an experienced and talented lawyer at your side during your ADSEP board. In my career, handling hundreds of administrative separation cases, only one client has received an OTH discharge. The reason? Because he didn’t follow my advice!
Patrick Korody is a former Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. He has litigated administrative separation boards for more than decade. He offers a free case evaluation.