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“Mr. Korody is by far one of the most talented and experienced military defense attorneys in the country! I was facing an administrative separation for a positive drug screen. When I first found his website I was concerned because Mr. Korody is a former Navy JAG and I am Army, but Mr. Korody was 100% versed in all DOD and Army drug testing policies and procedures. I am so happy Mr. Korody agreed to take my case, nothing feels better than having someone fight on your behalf. Mr. Korody handled all the communication from my command and he immediately went to work building a strong defense. For you this is the most important thing going on in your life. You have been accused, you are being shunned, your career is on the line, and your family’s livelihood is being threatened. You are going to want your case handled with the upmost care and attention. With Mr. Korody I honestly felt like he was handling it as if it was his own career and family on the line. Every document, every conversation, every procedure, every single regulation will be scrutinized ten times by Mr. Korody. This man is a consummate professional and is a master of his craft.
With my case Mr. Korody built such an aggressive defense that the prosecutor recommended to my Commander the day before the board that I be retained and my administrative separation board be cancelled immediately.”

– Army E-5

Why hire a Civilian Lawyer for your Board?

The reality is that most military lawyers assigned to represent members at administrative separation boards are the most junior JAGs in the office.

This is your future.  Invest in it.  Hire a Korody Law.

Positive urinalysis?  DUI? 

Don’t waive anything.

Your Honorable discharge and veterans’ benefits are at stake.

Elect to consult with an experienced lawyer.

Do not waive any rights, especially the right to a hearing, without the advice of a lawyer.

“I am a PO2 serving in the US NAVY. Two months ago I got accused/suspected of violating Article 112a of the UCMJ (wrongful use/abuse of a prescription drug). I went through the process of a Disciplinary Review Board (BRB), Executive Officer Inquiry (XOI) and was pending an Admin Separation Board. Even when I was trying to prove my innocence, the process treated me as a guilty individual, and the odds of a good outcome started to fade out. After discussing the case with a JAG, most of my questions were unanswered. At that moment I decided to find proper legal counseling and contacted Mr. Patrick Korody.

Since the very moment I first spoke with Mr. Korody, his knowledge about these type of cases was evident. He provided me a free consultation over the phone and invited me to his office to discuss the situation in a more comprehensive way. After this meeting, I decided to hire Mr. Korody, and I can say it was the best decision ever.

Mr. Korody gathered and compiled my entire service record along with proof of character which included the personal statement of some co-workers and civilians who know me. He also utilized high-quality professional services such as a private investigator and FDA certified laboratories to assess the situation and validate findings. When he culminated the research, he was confident that my admin separation board was going to produce a positive outcome.

The day of the admin separation board, I could not possibly ask for a more professional individual to represent me. He held my defense in the highest possible way. Armed with the findings, he presented the facts in my favor which quickly outweighed the evidence against me. When Mr. Korody gave his closing statement, a possible separation was not even being considered by the board members. Moreover, the outcome of this board was the best possible, with a deliberation that found me NOT GUILTY by a unanimous vote. Thanks to Mr. Korody, I am now free to continue my military career.

I HIGHLY RECOMMEND Mr. Korody to anyone in need of a military law expert. His professionalism, dedication, and knowledge are top tier. He earned my more deepest admiration and highest form of respect. THANK YOU!”

– Navy E-5

Recent Administrative Separation Board Results

No misconduct or no basis means that the case was won outright.  Member is returned to duty and continues his or her career.

  • No misconduct: adultery and fraternization (senior service member; this case received significant media attention)
  • No misconduct: positive urinalysis for cocaine.
  • No misconduct: positive urinalysis for prescription drugs (oxycodone)
  • Retention: alcohol rehabilitation failure
  • Honorable discharge: positive urinalysis for cocaine
  • Processing withdrawn: failure to participate in the reserves
  • No misconduct: positive urinalysis for marijuana (THC)
  • Honorable discharge: multiple physical fitness failures (PFA/PRT failure); failure to participate in FEP
  • No misconduct: positive urinalysis for marijuana (THC)
  • No misconduct: positive urinalysis for prescription drugs
  • Separation processing withdrawn: PFA/PRT failure
  • Honorable discharge: positive urinalysis for cocaine
  • Retirement in current grade: positive urinalysis for cocaine.
  • No misconduct: failure to participate in the reserves.
  • Separation processing withdrawn: positive urinalysis for prescription drugs.
  • Retention: multiple physical fitness failures (PFA/PRT failure)
  • Honorable discharge: commission of a serious offense (Art. 120c)
  • No basis: multiple physical fitness failures (PFA/PRT failure)
  • Retention: multiple DUIs; commission of a serious offense; alcohol rehabilitation failure
  • Processing withdrawn: positive urinalysis (drug abuse)
  • No misconduct: positive urinalysis for prescription drugs (Xanax)
  • No misconduct: positive urinalysis (drug abuse)
  • Processing withdrawn: positive urinalysis (drug abuse)
  • Honorable discharge: pattern of misconduct; commission of a serious offense
  • Retention: positive urinalysis (drug abuse)
  • General discharge: possession of drugs (drug abuse); civilian conviction
  • No misconduct: positive urinalysis for cocaine (drug abuse)
  • No misconduct: positive urinalysis for cocaine (drug abuse)
  • No misconduct: child sexual abuse allegation
  • Retention: civilian conviction (lewd exposure)
  • General discharge: commission of serious offense (multiple thefts and sale of military property and ammunition)

*** Past results do not guarantee any particular result in a future case.  All cases are dependent on three factors: 1) evidence; 2) board members; 3) the attorneys.

Your chain of command will tell you not to fight it.  They may tell you that if you fight it you will have to stick around for a few more months, delaying your transition to a civilian.  They may tell you that your case is a lost cause.  They may tell you that your discharge will be upgraded in 6 months, which is a myth. Your command is not on your side.

The Process

If a command wants to administratively separate (ADSEP) or “Chapter” a service member, the member will be given written notice describing why the commander is processing the member and the least favorable type of discharge authorized. This form also serves as the member’s opportunity to elect or waive certain rights including the right to consult with a military lawyer. It is always advisable to elect your rights and consult with an experienced military law defense attorney before waiving any of your rights or the board itself.

A service member may have the right to request an administrative separation board, which is a hearing to fight the separation or characterization. Whether a member has this right depends on how long a service member has served in the military and whether he or she is are being processed for an OTH discharge. Generally, an enlisted member with six or more years of service is entitled to a board, and some offenses always entitle the member to a board regardless of years of service. If a service member is not entitled to an administrative separation board, he or she still the right to request review of the decision to process him for separation by a higher authority.

If the member is entitled to an administrative separation board and chooses to proceed with the board, the board (composed of three members) will generally have to answer three questions. They are:

  • Whether or not the member committed misconduct as alleged by the command;
  • If so, whether the member should be retained in the military or administratively separated; and,
  • If the member is to be separated, what characterization of discharge should be granted.

There are four ways an administrative separation may be characterized: Honorable, General (Under honorable conditions), Other than Honorable (OTH), and entry level separation. An OTH is the worst characterization of discharge authorized by most ADSEP boards.

Don’t make the mistake of relying on appointed military defense counsel.

To get the best possible result in your military case, hire Korody Law.

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(904) 283-7261

Certified by the Judge Advocate General of the Navy as a Military Justice Litigation Specialist.

Unmatched breadth of military justice experience.

Our clients praise our personal attention, responsiveness, and compassion.

“Mr Korody laid out all of my options clearly, recommended the best course of action for me, and I could not have dreamed about getting a better result for my case, and my military career.

He was extremely accommodating (I work overnight hours), he was always prompt in answering my questions, and he was extremely professional when it came time to sit through my board. Mr. Korody was beyond prepared and never caught off guard with any of the questions that were brought up.  I highly recommend obtaining his services”

– Navy E-5

The Regulations

Each armed force has different regulations governing the rules for separation. The Navy is regulated by the MILPERSMAN section 1910 for enlisted personnel. The Army follows AR 635-200. The Marine Corps uses MCO 1900.16. The Air Force follows AFI 36-3208. The Coast Guard follows COMDTINST M1910.2.

Different rules and regulations apply to officer separations.

Common reasons for administrative separation include:

  • Commission of a serious offense
  • Civilian conviction
  • Loss of a security clearance
  • Physical Fitness Assessment (PFA or PFT) failure
  • Drug abuse / positive urinalysis / drug paraphernalia possession
  • Family Advocacy Program failure
  • Alcohol rehabilitation treatment failure
  • Pattern of misconduct
  • Best interests of the service
  • Sexual harassment

Korody Law has handled administrative separation boards at more than 25 installations around the globe and with deployed units.