Navy ADSEP Lawyer — Administrative Separation Board Defense
An Administrative Separation Board can end your Navy or Marine Corps career — stripping retirement pay, GI Bill benefits, VA healthcare, and housing allowances you have earned over years of service. Korody Law is comprised of former Navy and Marine Corps JAG officers and defends Sailors and Marines at NAS Jacksonville, NS Mayport, NSB Kings Bay, NAS Pensacola, Blount Island Command, and installations worldwide. We appear at every ADSEP board. We fight for retention and the most favorable discharge characterization — because your career is worth fighting for.
When your command initiates administrative separation, you will be presented with a NAVPERS 1910/31 — the notification paperwork that asks you to waive or exercise your rights. You have only 2 working days (30 calendar days if reserve) to complete this form. Signing it without understanding what you are waiving can permanently eliminate your right to a hearing. Do not complete it without first speaking to Korody Law. Call or text (904) 383-7261 now.
On This Page
- What Is a Navy Administrative Separation Board?
- Discharge Characterization — Why It Determines Your Future
- Common Grounds for Navy & Marine ADSEP at Jacksonville-Area Installations
- Installations We Serve — NAS Jax, Mayport, Kings Bay, Pensacola & More
- Your Rights at an ADSEP Board
- How Korody Law Defends Navy ADSEP Cases
- What to Do Right Now If You Are Facing ADSEP
- Why a Civilian Military Attorney — Not Just JAG
- Frequently Asked Questions
What Is a Navy Administrative Separation Board?
An Administrative Separation Board (ADSEP board) is a formal military hearing convened after your commanding officer has determined that grounds exist to involuntarily separate you from naval service. Unlike a court-martial, an ADSEP board is an administrative proceeding — but the consequences are just as career-ending and, in many cases, just as permanent. The board is typically composed of three commissioned officers who evaluate the evidence and make binding recommendations on three questions: whether the alleged grounds for separation have been proven, whether separation is actually warranted under the circumstances, and — critically — what discharge characterization the separating member should receive.
Under the governing Navy regulation (MILPERSMAN 1910 series), a Sailor with six or more years of total military service generally has the right to appear before an Administrative Separation Board before being involuntarily separated. The six-year threshold is measured at the time the command serves the notification of ADSEP processing — not at the time the board convenes. A Sailor who is just shy of six years at notification may not have a board right even if they cross six years before the board is held. Knowing whether and when the board right exists is one of the first legal questions that must be answered in every ADSEP case.
Additionally, any Sailor or Marine whose command seeks an Other Than Honorable (OTH) discharge — regardless of years of service — generally has the right to an ADSEP board. The stakes at a board where OTH is sought are particularly severe: an OTH discharge strips VA healthcare, GI Bill, and home loan benefits permanently.
Discharge Characterization — Why It Determines Your Future
The single most consequential outcome of an ADSEP board — beyond the separation decision itself — is the discharge characterization. The characterization is a permanent designation that follows the service member into every job application, federal employment background check, security clearance adjudication, and VA benefits claim for the rest of their life. Understanding what each characterization means is essential to understanding why fighting for the best possible outcome at the board is so important. Note that prior enlistments characterized as "Honorable" may vest benefits.
| Characterization | VA Healthcare | GI Bill | VA Home Loan | Federal Employment | Reenlistment |
|---|---|---|---|---|---|
| Honorable | Eligible | Eligible | Eligible | No bar | Eligible |
| General (Under Honorable Conditions) | Eligible | Limited | Eligible | Some obstacles | Waiver required |
| Other Than Honorable (OTH) | Generally ineligible | Ineligible | Ineligible | Significant bar | Generally barred |
An OTH discharge does not just end your Navy career — it strips benefits you have already earned and creates permanent obstacles in civilian employment, federal contracting, and security clearance adjudication. Korody Law fights for retention first, and for the most favorable discharge characterization when separation cannot be avoided.
For a Sailor approaching retirement eligibility — 15, 16, 17, 18 years of service — ADSEP processing is even more urgent. Separation before completing 20 years of qualifying service means loss of the military retirement pension entirely. For a member with 18 years of service, administrative separation could cost hundreds of thousands of dollars in lifetime retirement income. These are exactly the cases where aggressive, experienced ADSEP defense makes a decisive difference.
Common Grounds for Navy & Marine ADSEP at Jacksonville-Area Installations
ADSEP cases at NAS Jacksonville, Mayport, Kings Bay, Pensacola, and Blount Island follow recognizable patterns — driven by command culture, mission type, and the demographics of each installation's population. Here are the most common grounds Korody Law defends at these installations.
- Drug abuse / positive urinalysis: The most common ADSEP ground at every Navy installation. A single positive urinalysis for THC, cocaine, prescription drugs, or any controlled substance is statutory grounds for mandatory ADSEP processing. THC cases have increased dramatically since 2021 with the expanded testing for delta-8 THC. We defend both the underlying drug allegation and fight for retention at the ADSEP board.
- Pattern of misconduct: Three or more NJPs, counseling entries for the same behavioral issue, repeated minor offenses that cumulatively meet the MILPERSMAN definition — commands at NAS Jax and Mayport use pattern-based ADSEP regularly against junior enlisted with mixed service records. Effective pattern defense requires challenging both whether the specific incidents meet the standard and whether the pattern itself is sufficient to justify separation.
- Commission of a serious offense: Allegations of conduct that, if proven at court-martial, would warrant a punitive discharge. Common at all installations — DUI, assault, drug distribution, larceny, and sexual misconduct that does not rise to full court-martial referral. These are the highest-stakes ADSEP cases and almost always produce OTH referrals by the command.
- Alcohol-related misconduct: DUI on or off base, public intoxication, alcohol-related NJP, or civilian DUI arrest in Duval, St. Johns, Clay, or Nassau County. Korody Law is the only Jacksonville firm that can represent a Sailor in both the military ADSEP proceeding and the parallel state court matter simultaneously.
- Civilian conviction or adverse adjudication: A civilian conviction — even for a minor offense — can trigger ADSEP if the conduct reflects adversely on the Sailor's fitness for continued service. Civilian arrests without conviction can also be used as ADSEP grounds in some circumstances.
- Sexual misconduct allegations: Article 120 and Article 134 allegations that do not result in court-martial referral frequently generate ADSEP as the command's alternative action. These cases require full adversarial defense at the ADSEP board — challenging the underlying allegation, the credibility of the complaining witness, and the sufficiency of the command's investigation.
- Fraternization and prohibited relationships: Common at the command-level, particularly involving senior enlisted members and officers at Mayport surface units and NAS Jax aviation squadrons. Fraternization ADSEP cases often involve disputed characterizations of social relationships and require careful factual development of what the relationship actually was.
- Security clearance denial or revocation: For Sailors and Marines whose billet requires a clearance, loss of clearance can make the member "not suitable for continued service" — triggering ADSEP on the basis that they can no longer perform the duties of their rate. Kings Bay submarine Sailors and NAS Jax intelligence and aviation personnel are most frequently affected.
- Performance-based separation: Failure to meet physical readiness standards (PRT/BCA) or professional performance standards — common at Naval Hospital Jacksonville and support commands. Performance-based ADSEP cases require demonstrating the member's genuine effort to meet standards and any medical or institutional factors that contributed to the failure.
- Misconduct — UCMJ offenses generally: Insubordination, disrespect, unauthorized absence, and failure to obey lawful orders — the catch-all ADSEP grounds that commands use when specific article charges are not pursued at NJP or court-martial.
Installations We Serve — Navy & Marine Commands Across the Southeast
Korody Law is based in Jacksonville, Florida — minutes from NAS Jacksonville and Naval Station Mayport — and regularly defends Sailors and Marines at every major Navy installation across the Southeast. We know the commands, the local JAGs, the board procedures, and the specific characteristics of ADSEP enforcement at each installation.
⚓ Naval Air Station Jacksonville
Home to P-8 Poseidon maritime patrol squadrons, Fleet Readiness Center Southeast (FRCSE), Commander Patrol & Reconnaissance Wing (CPRW), Naval Hospital Jacksonville, and numerous aviation support commands. NAS Jax is the largest Navy base in the Southeast and generates a high volume of ADSEP cases across every ground category.
- VP, VR, and HSM squadron Sailors
- Fleet Readiness Center (FRCSE) personnel
- Naval Hospital Jacksonville staff (officers and enlisted)
- CPRW and support command Sailors
- Navy Reserve personnel on mobilization orders
⚓ Naval Station Mayport
Supporting a diverse fleet of destroyers, amphibious warships, and Littoral Combat Ships (LCS), NS Mayport generates significant ADSEP caseload from surface ship commands with demanding operational schedules. Deployments create situational pressures that frequently generate misconduct, drug, and alcohol allegations that follow Sailors home.
- Destroyer and cruiser crew members
- LCS and amphib ship Sailors
- HSM helicopter squadron Sailors
- Naval Station Mayport shore support commands
- Marine Corps security forces at Mayport
⚓ Naval Submarine Base Kings Bay
NSB Kings Bay is the Atlantic Fleet's premier SSBN and SSGN submarine base — home to Ohio-class ballistic missile submarines and guided missile submarines. The submarine community's zero-tolerance culture and clearance requirements mean that even relatively minor misconduct allegations can escalate to ADSEP with unusual speed at Kings Bay.
- SSBN and SSGN crew members (Gold and Blue crews)
- Submarine Group 10 command personnel
- SUBRON 16 and SUBRON 20 Sailors
- Kings Bay shore support and security personnel
- Navy and Marine Corps Security Force Battalion
⚓ NAS Pensacola & Surrounding Commands
The "Cradle of Naval Aviation" — NAS Pensacola encompasses Naval Air Station Pensacola, Naval Air Station Whiting Field, and the commands of the Center for Naval Aviation Technical Training (CNATT). Student naval aviators, student naval flight officers, and aviation maintainers in training at Pensacola face unique ADSEP dynamics given the competitive nature of aviation training pipelines.
- Student naval aviators and NFOs in Primary, Intermediate, and Advanced flight training
- Aviation maintainers and technical students at CNATT
- NAS Pensacola shore command personnel
- NAS Whiting Field helicopter and fixed-wing trainees
- Navy Nuclear Power School pipeline students
⚓ Blount Island Command
Marine Corps Blount Island Command and surrounding Marine Corps and Navy commands in the Jacksonville area — including MCSF, MCLB Albany (Georgia), and Marine Reserve units — represent a significant population of Sailors and Marines facing ADSEP in Northeast Florida and the surrounding region.
- Marine Corps Blount Island Command personnel
- MCSF (Marine Corps Security Force) Marines
- Navy contractors and support personnel at Blount Island
- Marine Corps Reserve units in the Jacksonville area
⚓ Other Southeast Installations
Korody Law represents Sailors and Marines from every installation in the Southeast — and worldwide. Geographic location is never an obstacle to representation. We travel to appear at boards wherever they are convened.
- Naval Air Station Key West
- Naval Station Guantanamo Bay
- NAVSCOLEOD and Eglin AFB joint commands
- Navy Reserve Centers across Florida and Georgia
- Any installation worldwide — we travel
Your Rights at an ADSEP Board
A Navy or Marine Corps ADSEP board is not a one-sided proceeding. You have meaningful procedural rights — but those rights only protect you if you exercise them. Many Sailors lose benefits and discharge characterization they could have fought for simply because no one explained what the NAVPERS 1910/31 required them to decide within two working days.
Rights You Have at the Board
- Full legal representation: You have the right to both a military defense counsel (assigned at no cost by the command's legal office) and a civilian attorney at your own expense. Having both provides the most comprehensive defense — your civilian attorney brings focused expertise and independence; your military counsel brings institutional access and knowledge of the local command.
- Review the government's evidence: You have the right to receive and review all documentary evidence the command intends to present at the board before the hearing. Reviewing this evidence — and challenging its authenticity, completeness, or admissibility — is a critical defense function.
- Call witnesses: You have the right to call witnesses in your defense — supervisors, peers, character witnesses, and expert witnesses where appropriate. Preparing and presenting favorable witness testimony is one of the most powerful tools in ADSEP defense.
- Cross-examine the command's witnesses: You have the right to cross-examine any witnesses presented by the command — including investigators, supervisors making adverse claims, and any expert witnesses the command presents.
- Present a statement and documents: You have the right to make a sworn or unsworn statement and to present character letters, performance evaluations, awards, medical documentation, and other favorable evidence.
- Argue for retention: The board is not simply deciding whether to separate you — it is deciding whether to separate you given the totality of the circumstances. A well-argued retention case presenting the service member's full record and the circumstances of the alleged misconduct can produce a finding in favor of retention even when the underlying grounds are factually supported.
The NAVPERS 1910/31 — Critical Decisions in 2 Working Days
The NAVPERS 1910/31 is the Navy administrative separation notification form — the document that formally notifies you of the command's intent to process you for separation and that asks you to elect or waive your procedural rights. You have two working days to complete this form after it is served on you.
The form asks you to make several critical decisions: whether to consult with a lawyer (always yes), whether to request a board hearing (almost always yes — unless specifically advised otherwise by experienced counsel), whether to submit written matters in your behalf, and whether to request specific rights related to the board proceeding. Waiving your board right is almost never advisable without legal counsel specifically evaluating your case.
Do not complete the NAVPERS 1910/31 without calling Korody Law first. Even if the command tells you it is routine, even if your Chief says everyone signs and moves on. The rights you waive on this form cannot be recovered. Call (904) 383-7261 — the consultation is free and the call takes minutes.
How Korody Law Defends Navy ADSEP Cases
Our ADSEP board defense is built from the ground up for each client — analyzing the specific grounds alleged, the strength of the government's evidence, the Sailor's full service record, and every available avenue for retention or favorable characterization. Here is the framework we use in every case.
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Immediate Case Assessment and Rights Protection
We review the NAVPERS 1910/31 and ADSEP notification package immediately — before any rights are waived and before any statements are made to command or investigators. We assess whether the board right exists, whether the grounds alleged are legally sufficient, and whether any procedural defects in the notification process can be challenged. This assessment shapes every subsequent defense decision.
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Full Service Record and Evidence Review
We obtain and review the complete service record — performance evaluations, awards, NJP history, counseling entries, Page 13s, and all documentation the command has assembled. We also review the underlying investigative record — NCIS, CID, or command investigation reports — for procedural errors, credibility issues, and exculpatory evidence the command may not have fully developed. The government's case file frequently contains evidence that supports the defense more than the prosecution recognizes.
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Pre-Hearing Defense Package Development
We build the full defense package before the board hearing: character letters from supervisors, officers, peers, and community members who know the service member's true character; performance evaluation excerpts that establish a record of exemplary service; documentation of any medical, personal, or situational factors that mitigate the alleged misconduct; and a retention argument that frames the service member's value to the Navy and the isolated nature of the conduct at issue. A well-prepared retention package changes how board members approach the case before a single witness is called.
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Board Hearing — Aggressive Advocacy at Every Stage
We appear at every ADSEP board in person — presenting opening statements, cross-examining the command's witnesses, presenting defense witnesses, introducing documentary evidence, and delivering closing argument to the three-officer panel. We challenge the sufficiency of the evidence on the grounds alleged, attack the credibility of adverse witnesses where warranted, present the service member's full record in mitigation, and argue for retention or — where separation is unavoidable — for the most favorable possible discharge characterization.
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Post-Board Submissions and Appeals
If the board's recommendation is adverse, we prepare post-board submissions to the convening authority arguing for disapproval or modification of the recommendation. In appropriate cases, we pursue appeals to the Navy Discharge Review Board (DRB) and the Board for Correction of Naval Records (BCNR) — the formal post-separation avenues for challenging an adverse discharge characterization or the underlying separation decision.
What to Do Right Now If You Are Facing ADSEP
Do These Things Immediately
- Call Korody Law — before completing the NAVPERS 1910/31, before making any statement to your command or investigators, and before the 2-working-day deadline expires
- Exercise your right to consult with a lawyer — the first right listed on the NAVPERS 1910/31. Check the box. Do not proceed without it.
- Preserve your service record documents — collect your performance evaluations, Navy awards, training certificates, Page 13s, and any prior NJP paperwork you have copies of
- Identify character witnesses — supervisors, officers, peers, mentors, and community members who know your character and service; we will help you prepare them
- Write down the full facts — everything you remember about the incident(s) forming the basis for the ADSEP, including context, timeline, and any witnesses to the relevant events
Do Not Do These Things
- Do not waive your board right without specific legal advice in your specific case — waiving the board eliminates your formal opportunity to contest the separation before it happens
- Do not make statements to your commanding officer, executive officer, NCIS, or any other military authority about the substance of the allegations before speaking with counsel
- Do not sign anything presented to you by command in connection with the ADSEP without first understanding what you are signing and what rights you may be waiving
- Do not believe assurances that taking a certain action — signing, waiving, or cooperating — will result in a better outcome. Those assurances are not binding and are frequently wrong.
- Do not post anything on social media about the allegations, the command, or the ADSEP process — social media posts have been introduced as evidence at ADSEP boards
Why a Civilian Military Attorney — Not Just JAG Defense Counsel
JAG defense counsel at NAS Jacksonville, Mayport, Kings Bay, and Pensacola are often skilled and dedicated — but they are overloaded, they are junior, and they are not independent. A civilian attorney levels the playing field.
Independence
JAG defense counsel operate within the same chain of command structure as the prosecutors and command legal advisors they oppose. Civilian attorneys answer only to their client. That independence produces more aggressive, more creative, and more effective advocacy — particularly in cases where the command's conduct itself is part of the defense.
Experience and Focus
Junior JAG attorneys frequently handle their first ADSEP boards with one or two months of total legal experience. Patrick Korody has been practicing military law for more than 20 years and has appeared at hundreds of ADSEP boards across every branch of service and at installations worldwide. He has seen every type of case, every board composition, and every command tactic. That experience is not replaceable.
Capacity
JAG defense offices at major installations like NAS Jacksonville and Mayport handle dozens of cases simultaneously. A civilian attorney you retain specifically for your case has the capacity to fully develop your defense — reviewing every document in your record, preparing every witness, and building the most comprehensive mitigation package the facts support. Your case gets full attention, not a share of a crowded docket.
Korody Law is the only Jacksonville-area firm that can represent a Sailor or Marine simultaneously in military ADSEP proceedings and in parallel state court criminal matters in Duval, St. Johns, Clay, and Nassau Counties. When a DUI, assault, or drug charge generates both state criminal charges and military ADSEP processing — a common situation — integrated representation in both forums produces the most favorable overall outcome.
Your Career Is Worth Fighting For. We Know How to Fight.
The Korody Law team has defended hundreds of Sailors and Marines at ADSEP boards at NAS Jacksonville, Mayport, Kings Bay, Pensacola, and installations worldwide. Free case evaluation — call today.
Frequently Asked Questions
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Not automatically. Under MILPERSMAN 1910, you generally have the right to an Administrative Separation Board if you have six or more years of total military service at the time you receive the NAVPERS 1910/31 notification, or if the command is seeking an Other Than Honorable discharge characterization. If you have fewer than six years of service and the command is not seeking OTH, you may not have a board right — and the command can process your separation administratively without a formal hearing. This is one of the first legal questions Korody Law evaluates in every ADSEP case, because whether a board right exists completely changes the defense strategy.
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If you waive your board right, the command can proceed with your separation administratively without a formal hearing. The discharge characterization is then determined by the separation authority — often your commanding officer or a higher authority — without you having the opportunity to present evidence, call witnesses, or argue for retention or a more favorable characterization. Waiving the board is almost never the right decision without specific legal advice in your specific case. The consultation is free — call before you waive anything.
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Yes. The ADSEP board makes three separate determinations: whether the grounds for separation have been proven by a preponderance of the evidence; whether separation is actually warranted; and what discharge characterization to recommend. Even if the board finds the misconduct proven, it has the discretion to recommend retention — particularly for first-offense misconduct, for Sailors with otherwise strong service records, for cases involving mitigating personal circumstances, or where the command's case has procedural weaknesses. Korody Law has achieved retention recommendations at ADSEP boards in cases that initially appeared to be headed for certain separation.
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Absolutely. NSB Kings Bay in St. Marys, Georgia is approximately 45 minutes from our Jacksonville office. We regularly represent Sailors and Marines from Kings Bay — both for ADSEP proceedings and for parallel NCIS investigations, NJP matters, and court-martial defense. The Kings Bay community faces specific ADSEP issues related to submarine-community clearance requirements and the zero-tolerance culture of the SSBN/SSGN force. We are familiar with the Kings Bay command structure and ADSEP board procedures. We can meet with clients in Jacksonville, at Kings Bay, or by secure video conference depending on timing and scheduling constraints.
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Yes — dual tracking of NJP and ADSEP for the same underlying conduct is specifically permitted under Navy regulations and is increasingly common, particularly for drug use, serious misconduct, and pattern of misconduct cases. Accepting NJP does not protect you from ADSEP processing for the same conduct. However, the outcome of the NJP — and specifically how the NJP findings are characterized — can affect the ADSEP proceeding. It is also important to know that you can refuse NJP in certain circumstances and demand trial by court-martial. Whether to accept or refuse NJP when dual-tracking is in play requires careful legal analysis of your specific case. Do not make either decision without counsel.
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A General discharge (Under Honorable Conditions) preserves VA healthcare eligibility and the VA home loan benefit, though it limits GI Bill eligibility compared to an Honorable discharge. An Other Than Honorable (OTH) discharge generally bars VA healthcare eligibility and strips the GI Bill and home loan benefit entirely — unless the VA separately determines that the service was "honorable for VA purposes" through the Character of Discharge review process, which is available in limited circumstances. The difference between a General and OTH in benefits terms can amount to tens or hundreds of thousands of dollars in lifetime healthcare, education, and housing benefits. Fighting to prevent OTH characterization — and to achieve at least a General discharge when separation cannot be avoided — is one of the most important goals in every ADSEP case.
Related Practice Areas
NAS Jacksonville. Mayport. Kings Bay. Pensacola. Korody Law Is Ready.
Time is not your friend. The military moves fast — you need a defense lawyer who moves faster. Korody Law is based minutes from NAS Jacksonville and Naval Station Mayport. We represent Sailors and Marines at Kings Bay, Pensacola, Blount Island, and installations worldwide. Free case evaluation — call today before your 2-day deadline expires.
Korody Law, P.A. · Jacksonville, FL · Former Navy and USMC JAGs · Navy & Marine Corps ADSEP Defense Worldwide