How to fight getting kicked out of the Navy

Don't Assume Being "Processed" or "Recommended" For Separation Means You Will Be Separated.

There are many ways to fight a recommendation for administrative separation from the Navy or any other service.  A commander can only initiate the process.  There is always the opportunity to ask for a higher level review – whether by proceeding to an administrative separation board or requesting flag officer review – and present a case challenging the basis for separation (i.e. misconduct or drug use) or the recommendation for separation.  Even if a basis for separation exists (such as a substantiated incident of misconduct), a military member can be retained in the service or obtain a more favorably characterization of service than that recommended by the commander initiating the separation.  It is important for any military member that is informed administrative separation is being initiated contact an experienced lawyer to ensure that all rights are properly executed.  Don’t get kicked out of the Navy or any other service because you didn’t understand the process or your rights!

Your discharge will impact your future educational and employment opportunities and your ability to collect certain veteran’s benefits.  You should not waive anything unless you have received the advice of an experienced military law attorney.

Free Administrative Separation Case Consultation.

Let Korody Law provide you a free case consultation.  Our attorneys have a combined total of nearly 50 years of military service as JAG officers and have handled thousands of administrative separation cases.

If you are facing administrative separation from the Navy or any other service, be sure to retain an experienced military lawyer. Your best opportunity to fight the separation and seek a more favorable characterization of service is WHILE YOU ARE STILL IN THE NAVY.

While you are still in the Navy:

1) Stay Out Of Trouble

The biggest mistake that Sailors make when they are told they are being kicked out of the Navy (often with an “OTH”) is to throw in the towel and engage in additional misconduct.  

I represented an officer who tested positive on a urinalysis.  He was so upset about the result, that he actually went out
and got high after Mast.  And then he tested positive on a second urinalysis that was given a few days after MAST!  When I looked at the first urinalysis, there were lots of issues with the collection procedure and testing.  But the second one was good (and my client had admitted he used drugs to his XO on the second test).  Had he just stayed out of trouble, he would likely still be in the Navy!

 2) Don’t Make Any Statements

Remember, even if you did do what they say you did, it doesn’t mean they have the evidence needed to kick you out of the Navy.  The Navy must have evidence to prove by a preponderance (51%) that you violated the MILPERSMAN section (the basis for separation) that they are using to administratively separate you – whether it be a positive drug
test, a DWI, or other serious offense.  You have the right under Article 31(b) to remain silent and refuse to answer any questions at any time – during the investigation, Captain’s Mast, and administrative separation processing.  If they don’t have the evidence, you stay Navy.

 3) Don’t Complete The Adsep Paperwork Without Speaking To A Lawyer

You should hire a civilian lawyer to help you immediately after you figure out that your career is in trouble.  Her is why I recommend a civilian lawyer:

1. Most civilian lawyers (check to make sure the lawyer has substantial military law experience, i.e. achieved at least the paygrade of O4 before leaving the military) are more experienced and more accessible.  If you seek defense legal advise on base, be prepared to wait and then you will speak to a JAG lawyer often with less than two years experience and only a handful of cases under their belt.

2. A paid, civilian lawyer is only concerned about you – their client.  There are no concerns about fitness reports or evaluations.  There are no concerns about getting the case over with so a PCS can occur.  A paid, civilian lawyer isn’t going to take the same old template send to the same commander the month before (and that resulted in a loss) and change the name.

3.  JAG defense lawyers won’t form an attorney-client relationship with you or dig in unless you elect a board.  The reality is that many Sailors are not entitled to an administrative separation board or it may not be in his or her best interest to elect one.  In that case, there is no “representation” by the JAG defense office.  In short, they get paid to give the same advice and assistance that Korody Law gives during our fee case consultation.

If you receive Navy administrative separation paperwork, your command MUST GIVE YOU TWO BUSINESS DAYS to complete the adsep paperwork.  Don’t elect your rights or return the form until you have a lawyer look at it to make sure that you have completed the paperwork correctly and elected all the rights to fight for your career.

4) Don’t Waive Anything

Command legal officers are worse than used car dealers – they will tell you the
benefits of waiving everything to get out of the Navy as soon as possible.  Don’t be fooled, and don’t be shortsighted.  You get one shot to fight against being kicked out of the Navy, and if you waive your rights, you never get those rights back.  The best time to fight your discharge and fight for an Honorable discharge is while you are still in the Navy!   Also, THERE IS NO AUTOMATIC DISCHARGE UPGRADE.   Not in six months.  Not in a year.  Never.  There is a process to apply for a discharge upgrade, but less than 5% of applications for discharge upgrades are approved each year.

Worldwide Military Defense

Mr. Korody and his associates have the experience, training, and skills to ensure that your rights as a member of the military and a citizen of the United States are protected. He spent close to a decade on active duty defending and prosecuting members of the military and advising commanders on how to dispose of misconduct.   Mr. Korody is one of the elite few who has been certified by the Judge Advocate General as a Specialist in Military Justice Litigation.  He has handled hundreds of General and Special Courts-Martial, Article 32 Preliminary Hearings, Non-Judicial Punishment (Article 15) hearings and appeals, and administrative separation hearings and appeals. 

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Korody Law, P.A. 118 W. Adams Street, Suite 500, Jacksonville, FL 32202 - (904) 383-7261

Jacksonville FL Military Lawyer Patrick Korody handles personal injury, criminal defense, and military law issues including court-martial, security clearance revocation, security clearance denied, security clearance suspended. Jacksonville Florida Mayport Kings Bay NAS Jacksonville NAS JAX Naval Station Mayport Patrick Air Force Base Charleston Naval Weapons Station NAS Key West NAS Pensacola NAS Whiting Field Criminal Defense Lawyer. Criminal Defense Attorney former JAG lawyer provides services to Navy Air Force Marine Corps Army military members. Court-Martial Court Martial Courtmartial adsep boi security clearance revoked security clearance suspended. Military member DUI in Jacksonville, FL. Military sexual assault defense lawyer: sexual contact, rape, indecent assault, child pornography possession. Under investigation by NCIS? Call us. NJP appeals. Administrative Separation Boards. Military trial attorney. Civilian counsel for military members. Offices located on Mayport Road.