Understanding Your Rights When it Comes to Military Administrative Separation

Military Administrative Separations have been on the rise within the military. Administrative separations offer a low-cost and quicker means of separating military members without going through a court-martial process.

It is no secret that the culture of the military is very different from the culture of civilians. If you have been accused of serious wrongdoing, effective legal representation is essential. At The Richardson Firm, we want to help protect you, your family, and your career. Don’t let an administrative separation and potential loss of future veteran benefits put your future at risk.

A DEEPER LOOK AT AN ADMINISTRATIVE SEPARATION
Administrative Separations offer a streamlined process to Commands. The administrative separation process does obligate a command to provide the service member notice that he/she will undergo an administrative separation. The notice advises that the service member has a right to military and civilian counsel.
The notice also advises the service member that he or she may have a right to an administrative separation board depending on the servicemembers years in service or the recommended characterization of service. At a separation board, the service member may call witnesses. The service member has a right to question witnesses through his/her lawyer and may confront the evidence against him/her. Additionally, the hearsay rules do not apply; which means that the government can submit statements without bringing the people making the statements into the hearing. If approved by a separation authority, an OTH discharge may deny a service member all Veterans Administration benefits earned from that term of service and result in the loss of veterans’ benefits from the various state veterans administrations.

ACTION TO TAKE IF YOU RECEIVE A SEPARATION NOTICE
• Contact a lawyer – It is important that a service member who receives notice of an administrative separation hearing must immediately contact a lawyer with expansive experience in military law and the military administrative process and procedures. The lawyers at The Richardson Firm know the proper military laws, procedures, and actions are crucial for any military-related charges.
• Do not waive your rights – A common mistake committed by service members facing an administrative separation is waiving the right to a hearing. Waiving the hearing means the service member may be separated with an OTH and without a hearing.
• Review separation regulations – Separations hearings are governed by service regulations. It is critically important that the service member facing separation becomes familiar with the particular Chapter or Section of the regulation governing the Separations. The Richardson Firm can make sure you are up-to-date no matter your branch of service.
• List witnesses – It is important to have a list of witnesses who can testify about the facts on the basis of the separation or those who can testify about your performance and conduct throughout your entire period of service.

Our military law attorneys will work tirelessly to obtain the best possible outcome for you. Knowing the proper military laws, procedures, and actions is crucial for any military-related charges. In the courtroom, there is no replacement for experience. If you or a loved one is facing an administrative separation or other military action, trust our dedicated attorney to defend your case. No matter the need, the military lawyers at The Richardson Firm have you and your family’s best interest at heart while still advocating for each individual’s rights and interests.
Call us at 910-488-5050 to schedule a consultation with one of our attorneys.