Administrative separation for misconduct
military Administrative Separation
Understanding Reenlistment Codes
When a service member faces administrative separation (ADSEP) for misconduct, the decision doesn’t just affect their military career—it can also have lasting consequences for future employment, veterans’ benefits, and their ability to rejoin the armed forces. One of the most important (and often misunderstood) pieces of the separation process is the reenlistment code, also known as an RE-code.
At Korody Law, P.A., we routinely defend service members across all branches who are facing involuntary separation. Below is an overview of how misconduct cases are handled and what the reenlistment code really means.
Administrative Separation Basics
Administrative separation is the process by which the military discharges an enlisted member before the end of their contract. Unlike a court-martial, it is not a criminal proceeding. Instead, it is an administrative process where the command seeks to immediately discharge a member for failing to meet military standards to include alleged misconduct.
Common Grounds for Misconduct Separation:
Pattern of misconduct (multiple NJPs, repeated counseling, or minor disciplinary infractions)
Drug abuse or multiple alcohol incidents
Civilian conviction (civilian criminal court proceedings that result in a conviction, deferred judgment, or diversion)
Commission of a serious offense that does not result in a criminal conviction but undermines the command’s trust
If the command initiates separation processing for misconduct, the service member will be notified in writing and may be entitled to an administrative separation board, depending on years of service and characterization of discharge being sought, or otherwise be entitled to submit a written rebuttal contesting the discharge. It is extremely important that the member understand the reasons for the separation processing, the least favorable characterization of service that can be awarded (Other, General, Honorable), and the collateral consequences of separation for misconduct.
If the separation is approved by the separation authority (this may be a commander, a flag officer, or a secretary of the military department depending on the characterization of service and other case-specific issues), the approved characterization of service will then be placed on the DD-214. In misconduct administrative separation cases, the characterization may be:
Other Than Honorable (OTH) – the least favorable characterization possible and may deprive of all benefits
General (Under Honorable Conditions) – still carries stigma and potential loss of some benefits
Honorable – rare in misconduct cases but possible if the overall record is strong
This characterization impacts VA benefits, civilian employment, and the service member’s future.
In addition to a characterization of service and narrative reason for discharge, every DD-214 includes a reenlistment code (RE-code), which determines whether a former service member can rejoin the military. Even if someone receives a General or Honorable discharge, the RE-code can block reenlistment. RE-codes include:
RE-1: Fully eligible for reenlistment (rare after misconduct).
RE-2/3: Eligible with a waiver (service member must convince a recruiter and the gaining service).
RE-4: Not eligible for reenlistment in any branch (most common for misconduct separations).
Many veterans are surprised to learn that the RE-code, not just the characterization of discharge, is what prevents them from re-entering military service.
Fighting Back
Service members facing administrative separation have important rights:
The right to consult with military defense counsel or civilian counsel
The right to review the evidence supporting the proposed separation
The right to demand an administrative separation board (if eligible)
The right to submit a written rebuttal and request a higher level review if not eligible for a board
The right to present evidence and witnesses in their defense
The right to appeal findings and recommendations by a board
At Korody Law, P.A., we fight administrative separations so that the Marine, Sailor, Soldier, Airman, or Coast Guardsman we represent continues to serve or gets the most favorable characterization of service and RE-code possible.
An administrative separation for misconduct can derail a military career, but it doesn’t have to define your future. The stakes are high—not just your discharge paperwork, but also your long-term opportunities and benefits. If you or a loved one is facing separation, you should act quickly to secure experienced legal representation.
At Korody Law, P.A., we represent service members across the country facing administrative separation. Our goal is to protect your service and your future.
Proven Military Defense Lawyers.
With more than 60 years military JAG experience, our lawyers are proven military administrative separation defense lawyers. We are focused on protecting your career and reputation so you can keep what you have earned.
Our Experience
We are former military prosecutors, defense counsel, Article 32 preliminary hearing officers, and judges. We have represented clients in every service. We win legal battles.
Our Strategy
We look at every piece of evidence. We listen to our clients. We apply our expertise and experience to build an effective defense strategy so that you can keep what you have earned and continue to serve.
Why Us
Many competing law firms have minimal military service. Our attorneys have all served as senior officers. We are able to leverage our experience for your benefit.