Administrative Separation Board Defense Lawyers
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Military Administrative Separation Defense • Worldwide
Administrative Separation Boards
If your command initiates administrative separation (ADSEP / “chapter”), your career, benefits, clearance eligibility, and future employability may be on the line. These cases move quickly, and the paperwork you sign early can determine whether you keep your board rights. Korody Law represents service members worldwide in administrative separation boards, rebuttals, and post-board actions.
Call/Text: (904) 383-7261 • Jacksonville, FL • Worldwide representation
Common Separation Bases We Defend
- Pattern of misconduct
- Drug abuse / positive urinalysis
- Commission of a serious offense
- Substandard performance
- Fitness test / weight standards
- Alcohol rehabilitation failure
- Civilian arrests and convictions
We handle the full lifecycle: early counseling and rebuttals, boards/hearings, and post-board submissions ("letters of deficiency") where applicable.
Don’t Waive Your Rights
If you are notified of administrative separation, you have significant due-process rights. The most common mistake is signing elections without understanding what rights you may giving up.
General rule: If you have 6+ years of total service (Coast Guard often uses 8 years), you may be entitled to an administrative separation board. You may also be entitled to a board if the command is seeking an Other Than Honorable (OTH) characterization—even with less time in service.
Your elections can affect whether you get a hearing, whether you can fight for retentionor a more favorable characterization, and who is the final authority over your case.
What an Administrative Separation Board Decides
Administrative separation boards are trial-like proceedings. Boards typically must decide:
- Whether the alleged misconduct or basis occurred
- If so, whether separation is warranted
- If separation is recommended, what characterization of service should be awarded (HON, GEN, OTH)
Why You May Want Civilian Counsel
Many detailed military counsel are junior JAG officers and may have limited board experience. An experienced civilian military defense attorney adds case-building capacity, evidence strategy, and honed presentation skills.
Common myths we see: “Don’t fight it; it just delays your exit.” • “You’ll get an upgrade in six months.” • “Your case is a lost cause.” These statements are simply wrong.
Client Feedback
“Mr. Korody is by far one of the most talented and experienced military defense attorneys in the country! … Every document, every conversation, every procedure, every single regulation will be scrutinized ten times by Mr. Korody. This man is a consummate professional and is a master of his craft.”
“With my case Mr. Korody built such an aggressive defense that the prosecutor recommended to my Commander the day before the board that I be retained and my administrative separation board be cancelled immediately.”
“The day of the admin separation board … the outcome … found me NOT GUILTY by a unanimous vote … I am now free to continue my military career.”
Recent Administrative Separation Board Results
No misconduct or no basis means the case was won outright and the member returned to duty. “Processing withdrawn” indicates separation processing was stopped after defense action.
- No misconduct: adultery and fraternization (senior service member; this case received significant media attention)
- No misconduct: positive urinalysis for cocaine.
- No misconduct: positive urinalysis for prescription drugs (oxycodone)
- Retention: alcohol rehabilitation failure
- Honorable discharge: positive urinalysis for cocaine
- Processing withdrawn: failure to participate in the reserves
- No misconduct: positive urinalysis for marijuana (THC) (drug abuse)
- No misconduct: Hazing and False Official Statement
- Honorable discharge: multiple physical fitness failures (PFA/PRT failure); failure to participate in FEP
- No misconduct: positive urinalysis for marijuana (THC) (drug abuse)
- No misconduct: positive urinalysis for prescription drugs (drug abuse)
- 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)
- No misconduct: positive urinalysis for prescription drugs (Xanax)
- No misconduct: positive urinalysis (drug abuse)
- Processing withdrawn: positive urinalysis (drug abuse)
- Honorable discharge: pattern of misconduct; commission of a serious offense
- Retention: positive urinalysis (drug abuse)
- General discharge: possession of drugs (drug abuse); civilian conviction
- No misconduct: sexual harassment by a senior command leader
- No misconduct: positive urinalysis for cocaine (drug abuse)
- No misconduct: positive urinalysis for THC (drug abuse)
- Honorable discharge: sex offense
- Honorable discharge: positive urinalysis for THC-8 (serious offense)
- No misconduct: positive urinalysis for THC-9 (drug abuse)
- No misconduct: sexual contact (serious offense)
- General discharge: felony conviction (civilian conviction)
- No misconduct: positive urinalysis for THC-8 (serious offense)
- Honorable discharge: positive urinalysis for THC-8 (serious offense)
Past results do not guarantee any particular result in a future case. All cases are dependent on three factors: (1) evidence; (2) board members; (3) the attorneys.
The Administrative Separation Process
When a command initiates administrative separation, the member is written notice stating the basis for separation and the least favorable characterization authorized. The notice also outlines the member’s rights, including whether the member has the right to elect an administrative separation board.
Whether a member has a right to a board depends on years of service and whether the command is seeking an OTH. If the member is not entitled to a board, the member may still be able to submit written matters for higher-level review. It is always advisable to consult counsel before signing elections.
What Boards Usually Decide
- Whether the alleged basis occurred
- Whether separation is warranted
- If separating, the characterization of service (as authorized)
Branch Regulations
Enlisted separations are governed by service regulations (examples often include):
- DODI 1332.14: Enlisted Administrative Separations
- Navy: MILPERSMAN 1910 (enlisted)
- Army: AR 635-200 (enlisted)
- Marine Corps: MCO 1900.16
- Air Force: AFI/DAFI 36-3208 (enlisted separation instruction lineage)
- Coast Guard: COMDTINST 1000.4
Different rules apply to officer separations (Boards of Inquiry / show cause).
FAQ
Should I waive my administrative separation board?
In many cases, waiving a board waives your best chance to fight for retention or a more favorable characterization. Never sign elections without understanding what you are giving up.
Do you represent service members worldwide?
Yes. We represent clients worldwide in administrative separation boards and related administrative actions.
What should I do immediately after receiving separation paperwork?
Do not make an elections without speaking to counsel. Take note of the deadline to make your elections, gather all paperwork and evidence, avoid statements without advice, and consult counsel.
Facing administrative separation? Early action often changes outcomes.
Contact Korody Law for a free and confidential ADSEP case evaluation.
Related Pages
Disclaimer: This page provides general information and is not legal advice for any specific case.
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