If you are facing an Other Than Honorable administrative separation, make sure you have an experienced lawyer.

I write about this topic too much, but I get so many phone calls about it I feel the need to scream it on every military base around the globe!  If you are facing an administrative separation with an Other Than Honorable discharge, do not waive anything and hire an experienced military lawyer.

There are 3 things that determine the result of an administrative separation board.

1) The Evidence.  After all, the standard of proof at an administrative separation is preponderance of the evidence.

2) The Board Members.  Board members, not attorneys, make the findings and recommendations.  They are the ones who deliberate and vote.  The majority rules.

3) The Lawyers.  A lawyer plays a crucial role to defending against administrative separation because an experienced and skilled lawyer can shape both the evidence and the board members.  A skilled attorney can use something called voir dire (questioning of the members at the beginning of a board) to ensure that the panel members are fair and impartial.  Skilled attorneys also use voir dire to educate and begin their case to the members.

An administrative separation board is more like a monkey knife-fight than a court.  There are few rules regarding evidence, although those that matter are important.  An experienced attorney knows how to lodge winning objections to evidence, often keeping out evidence that would be harmful to the member.  On the other hand, an experienced attorney knows what evidence to present to win the case.  The lawyer, often times, is the key component to a successful defense.

So why do I get so many phone calls?  Because when a member loses the board and comes to the realization that he or she just lost a career and most, if not all, of the benefits they worked for over his or her years of service in Navy, Army, Marine Corps, Coast Guard, or Air Force, they also think that they can hire a REAL lawyer to fix the mess created by the military lawyer.

The reality is that, absent a serious procedural violation at the separation board, there is very little any lawyer can do for the member to stop an administrative separation after the board.

I can’t stress this enough – make the investment in your future.   Think about the cost of losing a military career and benefits.  There are no second chances at this stuff.  Boards of Corrections and Discharge Review Boards require the applicant to demonstrate “manifest injustice” – that is an almost impossible standard if based only on equitable (vice procedural) arguments.

If you are facing involuntary administrative separation, for whatever reason, consult with an experienced attorney!

Patrick Korody is a former Navy JAG who specializes in military law.  His offices are located in Jacksonville, FL, and he represents servicemembers worldwide.  Call 904-383-7261 for a free case evaluation.