Administrative Separation Boards
Your career, benefits, and future are on the line. Fight back with experienced ADSEP defense counsel — worldwide.
Your Career Is on the Line — Act Now
When your command hands you administrative separation paperwork, the clock starts immediately. Administrative separation — also called ADSEP, a "chapter," or separation processing — is the military's non-criminal mechanism for involuntarily discharging a service member from active duty or the reserve component. Unlike a court-martial, it carries no criminal conviction. But the consequences can be equally severe: loss of your career, forfeiture of retirement eligibility, an unfavorable discharge characterization that follows you for life, the potential loss of your security clearance, and reduced access to VA benefits.
The paperwork you receive from your command is not the end of the road — it is the beginning of a fight. Korody Law represents service members worldwide in administrative separation proceedings, from early elections and written rebuttals through contested ADSEP board hearings and post-board submissions.
Time is not your friend. The military moves fast — and so should you. Never sign your election paperwork without first speaking to an attorney. Call or text (904) 383-7261 for a free, confidential ADSEP case evaluation.
What Is Administrative Separation?
Administrative separation is the process by which the military can discharge a service member outside of a criminal court-martial proceeding. It is governed primarily by Department of Defense Instruction (DODI) 1332.14 for enlisted members, along with branch-specific regulations for each service.
When a command initiates administrative separation, it issues the service member a written notice that: (1) identifies the specific basis or bases for the proposed separation; (2) states the least favorable characterization of service the command is seeking; and (3) outlines the rights available to contest the separation. Those rights are not automatic — you must elect them, and the deadline is short.
The three possible characterizations of service in an administrative discharge are:
| Characterization | What It Means | Impact |
|---|---|---|
| Honorable | Service meets or exceeds expected military standards | Full benefits eligibility; most favorable for civilian employment |
| General (Under Honorable) | Satisfactory service marred by negative aspects | Can affect VA benefits, some federal employment, re-enlistment eligibility |
| Other Than Honorable (OTH) | Least favorable administrative characterization | Significant loss of benefits; lasting damage to civilian career and reputation |
Common Bases for Administrative Separation
Commands initiate administrative separation for a wide range of alleged conduct and performance failures. The most frequently litigated separation bases include:
A positive urinalysis — for marijuana (THC, THC-8, THC-9), cocaine, or prescription medications — is one of the most common ADSEP triggers. Separation for drugs is winnable with the right defense strategy.
A series of minor infractions — NJPs, counseling entries, page 11s — that together form a basis for discharge even if no single incident supports separation alone.
A single act constituting a serious UCMJ violation. This basis can be alleged even when no court-martial is pursued, making it one of the broadest separation triggers.
Commands frequently initiate ADSEP following substantiated — and sometimes even unsubstantiated — investigations. Defense strategy is highly fact-specific.
Failing to complete or comply with an assigned alcohol treatment or rehabilitation program.
Consistently poor evaluations or documented failure to meet expected standards at your grade and experience level.
Repeated failures on the PFA, PRT, APFT, or body composition assessments.
A civilian criminal charge or conviction — including DUIs — can independently trigger military administrative separation.
Your Rights When Facing Administrative Separation
The single most consequential mistake service members make is signing election paperwork without fully understanding what rights they are giving up. Here is what you need to know before you sign anything.
The Right to an ADSEP Board Hearing
Not every service member is entitled to a formal ADSEP board. Entitlement depends on two variables:
- Years of service: Under DODI 1332.14, service members with 6+ years of total active and reserve military service are entitled to an administrative separation board. The Coast Guard uses an 8-year threshold.
- Characterization sought: If the command is seeking an Other Than Honorable (OTH) discharge, the member is entitled to a board regardless of years of service.
If you are not entitled to a formal board, you still have the right to submit a written rebuttal for higher-level review — a well-crafted rebuttal can change outcomes.
Other Critical Due-Process Rights
You may be represented by assigned military JAG counsel and may retain civilian defense counsel at your own expense.
You have the right to appear in person at the ADSEP board and present evidence in your defense.
You may call witnesses, including character witnesses, to testify on your behalf.
You have the right to cross-examine witnesses called by the government against you.
You may review and respond to the evidence the command intends to present at the board.
You may challenge board members for cause or lack of impartiality.
How the ADSEP Board Process Works
Once you elect an administrative separation board, the command requests a detailed military defense counsel from the nearest JAG defense office. The command then schedules the board — typically completing the full hearing in a single day.
You receive written notice from your command identifying the separation basis, least favorable characterization sought, and your rights. You complete and return your elections form before the deadline.
Military JAG defense counsel is assigned. You may also retain civilian counsel. Your defense team investigates the allegations, develops evidence, and prepares your case.
An ADSEP board functions like a condensed trial before a panel of at least three members. Evidence rules are relaxed compared to a court-martial — hearsay and investigative reports are often admissible. Most boards are completed in one day.
The panel decides: (1) Did the misconduct occur? (2) Does it warrant separation? (3) If so, what characterization? Results are typically announced the same day.
The case goes to the separation authority, who can accept, modify, or reject the board's recommendation. Post-board submissions (letters of deficiency) may be available depending on branch and outcome.
Separation for Drugs: Fighting a Positive Urinalysis
Separation for drugs — also called drug-abuse ADSEP — is one of the most common and aggressively litigated categories in military administrative proceedings. A single positive urinalysis can trigger notification of administrative separation, a referral characterization (potentially OTH), and the abrupt end of your military career.
The military's drug testing program relies on certified Department of Defense laboratory analysis. While the science is generally reliable, there are meaningful defense arguments available in the right case:
Potential Defense Arguments — Separation for Drugs
- Chain-of-custody errors in sample collection, labeling, or handling
- Laboratory procedural deficiencies or calibration issues
- Inadvertent ingestion through food, supplements, or secondhand exposure
- Valid, documented prescription supporting authorized use
- Contaminated products — particularly hemp-derived cannabinoids (delta-8, delta-10 THC) found in supplements
- Positive case material: service record, decorations, character witnesses, mitigating circumstances
Korody Law's results in drug-abuse administrative separation cases include outright "no misconduct" findings for positive urinalysis involving cocaine, marijuana (THC), THC-8, THC-9, oxycodone, and Xanax — as well as retention outcomes and honorable discharges where misconduct was found.
A positive urinalysis is not a guaranteed discharge. Fight back. Call Korody Law at (904) 383-7261 to discuss your separation-for-drugs case.
Why You Need an Experienced Civilian ADSEP Defense Lawyer
Many assigned military JAG defense attorneys are talented lawyers. But detailed counsel often carry heavy caseloads, may have limited experience with your specific separation basis, and are assigned — not chosen. You deserve more than the luck of the draw.
Experienced civilian military defense counsel brings critical advantages: depth of ADSEP-specific experience across 500+ cases; the time and bandwidth to fully develop your defense; no command influence; and strategic continuity from elections through the board and any post-board submissions.
Common myths we encounter — and the truth:
False. Fighting an ADSEP board can mean the difference between an Honorable discharge and an OTH, or between separation and retention. The fight is worth having.
False. Discharge upgrades through the Discharge Review Board are difficult, slow, and far from certain. Your best chance is at the ADSEP board itself.
False. We have won cases the government — and sometimes even the client — thought were unwinnable. Don't accept that framing before consulting experienced counsel.
"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
The following represents a sample of outcomes obtained by Korody Law. Past results do not guarantee any particular outcome in a future case — all results depend on the specific evidence, board composition, and quality of advocacy.
- No misconduct: positive urinalysis for cocaine (multiple cases)
- No misconduct: positive urinalysis for THC-8 and THC-9 (multiple cases)
- No misconduct: positive urinalysis for marijuana (THC) — drug abuse
- No misconduct: positive urinalysis for oxycodone, Xanax
- No misconduct: sexual harassment (following substantiated investigation)
- No misconduct: sexual harassment and bullying
- No misconduct: hazing and false official statement
- No misconduct: sexual contact (serious offense)
- No misconduct: adultery and fraternization
- No misconduct: failure to participate in the reserves (multiple)
- No basis: multiple PFA/PRT failures
- Processing withdrawn: positive urinalysis, drug abuse (multiple)
- Processing withdrawn: alcohol incident (DUI)
- Processing withdrawn: PFA/PRT failure
- Processing withdrawn: positive urinalysis for prescription drugs
- Retention: positive urinalysis, drug abuse (multiple cases)
- Retention: alcohol rehabilitation failure
- Retention: multiple PFA/PRT failures
- Retention: multiple DUIs; commission of serious offense; alcohol rehab failure
- Honorable discharge: positive urinalysis for cocaine (multiple cases)
- Honorable discharge: positive urinalysis for THC-8 (serious offense)
- Honorable discharge: multiple PFA/PRT failures
- Honorable discharge: pattern of misconduct & serious offense
- Honorable discharge: sex offense
- General discharge: possession of drugs; civilian conviction
- Retirement in current grade: positive urinalysis for cocaine
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.
Branch Regulations Governing Administrative Separation
Administrative separation is governed by federal regulation and branch-specific policy. The primary framework for enlisted separations is DODI 1332.14. Each service publishes its own implementing regulation:
| Branch | Governing Regulation |
|---|---|
| Navy | MILPERSMAN 1910 series |
| Marine Corps | MCO 1900.16 (MARCORSEPMAN) |
| Army | AR 635-200 |
| Air Force | AFI 36-3208 |
| Coast Guard | COMDTINST 1000.4 (8-year threshold) |
Officer separations operate under a parallel framework — Boards of Inquiry (BOI) or Show Cause boards — governed by DODI 1332.30 and service-specific officer separation regulations. Korody Law represents both enlisted service members and officers.
Frequently Asked Questions
Facing Administrative Separation? Get a Free Case Evaluation.
The outcome of your ADSEP board depends on the evidence, the strategy, and the quality of your representation. Early action changes outcomes.
Schedule Free Consultation (904) 383-7261Disclaimer: This page provides general information about administrative separation and is not legal advice for any individual case or situation. Reading this page does not create an attorney-client relationship. Past results do not guarantee any particular outcome in a future case.