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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.

Recent Administrative Separation Board Results

  • Processing withdrawn: failure to participate in the reserves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  • Separation processing withdrawn: PFA/PRT failure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  • Separation processing withdrawn: positive urinalysis for prescription drugs.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  • Processing withdrawn: positive urinalysis (drug abuse)

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.

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.

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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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.