Originally published on Jacksonville.com
Experienced Attorney and Navy JAG Veteran, Patrick Korody, Represents Members of the Military Facing Involuntary Administrative Separation (ADSEP)
Jacksonville, Florida (August 15, 2016) – Though they get a free military attorney, many Sailors, Marines, and Coastguardsmen in the Jacksonville, FL area are turning to local attorney and Navy veteran Patrick Korody when faced with involuntary administrative separation (ADSEP) from the service. “Members facing involuntary separation are entitled to, in many cases, an adversarial hearing that will determine if he or she will be separated and, if so, what the characterization of service will be,” Mr. Korody explained.
These hearings are extremely important because involuntary separation is the military’s way to terminate military service. Moreover, the characterization of service recommended at the hearing, called an administrative separation board (ADSEP board), will often determine whether or not the Sailor or Marine will receive certain veterans’ benefits. “Many of the JAGs handling these boards are smart, good lawyers. But they are often very junior and lack experience,” Mr. Korody noted. He questioned, “If your military career was on the line, wouldn’t you want the best representation possible, even if it cost you some money?”
Administrative separation can occur for a variety of reasons including civilian convictions, DUIs, physical fitness (PFA) failure, drug abuse based on a positive urinalysis, commission of UCMJ offenses, and alcohol rehabilitation program failure. The first step in the process is notification by letter to the Sailor or Marine, who can, in most cases, elect a hearing. Mr. Korody stated that he almost always advises the member to elect the hearing because it is a chance to fight for retention and there is usually nothing to lose by electing a hearing. He provided that sometimes the member is told that the discharge will be “automatically upgraded” in the future. Mr. Korody stated this is a myth and that the characterization of service at discharge is only upgraded in approximately 5% of the cases following a lengthy petition process.
Mr. Korody recommends consulting an experienced military law attorney when the military member receives the administrative separation notification paperwork. The regulations afford the member at least two days to formulate a response to the notification, and this is the perfect time to speak to a lawyer about the case. “It’s a single event that is going to determine the future of a military career and the characterization of military service. That’s critical to anyone’s future,” Mr. Korody added.
Korody Law, P.A. is located near Naval Station Mayport at 2983 Mayport Road, Jacksonville, FL 32233. To schedule a free consultation with Mr. Korody, or to see how Korody Law, P.A. can assist you, please visit www.korodylaw.com or call the firm at (904) 383-7261.