ADMINISTRATIVE SEPARATION Of
Enlisted Service Members & Commission Officers
The Navy or Marine Corps, the two major military branches in San Diego County, can separate service members administratively on certain grounds set forth in Mils person section 1910-233 and DoDI 1332.14. The most common grounds for involuntary administrative separations are:
Sexual Assault
Domestic Violence/Abuse
Personality disorders
Pattern of misconduct
Commission of a serious offense
Civilian convictions
Drug abuse
Alcohol rehabilitation failure
Administrative Separation Notice
A military command must give written notification of the command’s intention to separate the member.
The service member has a right to a hearing to contest the proposed administrative separation.
The cost of an involuntary administrative separation from the Navy, Marine Corps, and other service branches is very high and potentially lifelong.
The notice must inform the service member that the administrative separation board must reach three decisions. (First, whether or not the service member committed the act alleged as the basis for the proposed administrative separation. Second, if the board votes that the service member did commit the act(s) alleged, should the service member be retained in the service or separated. And third, if the administrative separations board decides to separate the service member, it must decide on the characterization of the service member’s discharge).
The administrative separations board may characterize a service member’s service as honorable, general under good conditions, or Other Than Honorable.
Call today to protect your freedom and your future military career
Administrative Separation Board
The Administrative Separations Board: First Order of Business to eliminate biased/prejudiced board members. It’s crucial to remember that your commanding officer will select the board members on your administrative separations board hearing.
It’s essential to identify biased board members, so the client has a truly fair and impartial hearing.
The board must consist of three service members senior in rank to the member.
A recorder who acts as the prosecutor for the command and government.
Legal counsel to defend the member against the proposed separation.
This is where your former US Navy JAG Corps. Attorney helps. He will demonstrate his vigilance against biased board members and root them out. He will have collected all of your good character witnesses, your awards and meritorious service personnel records, letters from family, friends, and former work colleagues that say awesome things about you to rebut the inference that you’re a troublemaker and should not be allowed to remain in the service. Your good character witnesses may also double as bad character witnesses against your accuser.
Administrative Separation Rights
A member facing administrative separation that could result in an OTH or a general discharge has the following constitutional rights under the manual of courts-martial:
To appear in person before the administrative board
To challenge any board member for cause by showing the board member will not make a fair and impartial decision
To submit a written and/oral statement on the member’s behalf. However, defense counsel prepares his client to testify because this is the most persuasive way to convince board members not to separate and not award an OTH discharge
To obtain the attendance of witnesses to testify on the member’s behalf at the hearing
To submit any affidavits, unsworn statements, depositions, or stipulations
To cross-examine any witness called by the board to testify against the member
The Administrative Separation Board Hearing
Once the board hearing gets underway, the panel members consider all the evidence submitted by the government and the defense, including the testimony of witnesses and any documents or electronic evidence.
The Board Has to Make Three Decisions:
Did the evidence admitted at the hearing prove that the member committed the misconduct or other grounds alleged against him?
If misconduct is found, should the service member be separated or retained in the military and
If the board votes to separate the member, should the member receive an honorable, general, or OTH discharge? This last decision is called the “Characterization of Service.”
Administrative Separation Board Hearing
An Administrative Separation Board hearing is very different from a military court-martial. The rules of evidence and procedure are very informal, and the defense must carefully prepare its case. Three board members selected by the commanding officer may tend to be biased in favor of the command.
An attorney’s priority is to make sure that every board member is impartial. The attorney must ask the board members questions about their relationship and involvement in the client’s command. The attorney will ask each board member in advance to vote to retain if the client can prove he was never given formal counseling and opportunities to correct deficiencies. In DV cases, which are usually the first time, a member has gotten into trouble.
When all the evidence is weighed and argued, we must convince the administrative separation board to win the executive separation board by a preponderance of the evidence (51% or more).
The attorney must put a lot of effort into securing witnesses who praise or say good things about the client regarding his competency and personality. Any awards like a Navy Achievement Medal should be presented with good character witnesses. Good character letters from family, friends, and workers are essential.
The defense strategy is to produce so many positive good character's evidence that the alleged victim will look foolish pressing her claim against my client.
If you were arrested and acquitted in the domestic violence case, the command would shortly serve with written notification of administrative separation based on the commission of a serious offense.
It is crucial to analyze your case carefully before the hearing. You must find a criminal defense lawyer, preferably a former US Navy/Marine Corps JAG Corps attorney who knows civilian and military law equally well.
A civilian attorney with no military experience will not understand military culture and law, so he will not defend you at an administrative separation because he doesn’t understand military culture and law.
Your Free Confidential Case Evaluation: Pick Out the Right Attorney
Winning the board hearing depends on hiring the most experienced military lawyer to defend you at your hearing! Pay close attention to the attorney’s comments at the free case evaluation, and ask essential questions relating to the evidence in your case.
Grade the attorney on how to prepare your defense, the attorney’s record at winning trials and hearings in his law practice, and the attorney’s attitude toward your case. Oversee attorney, see if he’s engaged in your case. Attitude is everything, and you want an attorney who badly wants you to win your case; he will advise you on what evidence and witnesses you will need to win your administrative separations board hearing.
At your free case consultations, you want to hear the following from the attorney:
His interpretation of the evidence
His understanding of the crucial issues in your case
His understanding of the board’s strategy to get you separated with an OTH. This point is critical because your attorney will not know how to prepare your defense unless he knows what the government will do in its case. What witnesses and evidence will the government try to admit against you? What will your attorney do in preparing your defense to counter the government’s evidence and introduce evidence that the government will not be prepared to answer?
The attorney will hire a professional investigator to hunt down necessary evidence and witnesses and experts who may testify on issues that require particular expertise. You absolutely want the attorney to articulate the need to obtain the help of these professionals if necessary to the success of your case.
The government has the burden of proving that you were counseled in writing about deficiencies and given an appropriate opportunity to rehabilitate from the weaknesses. The command rarely reviews records to ensure the government has satisfied these mandatory counseling requirements. After all the evidence is weighed, the government’s failure to afford a client a chance at counseling will result in the board voting in our favor.
Officer Misconduct- Boards Of Inquiry - U.S. Navy Or Marine Corps.
BOI proceedings for navy or marine officers are very similar to those used for BOI boards in the army, air force, and coast guard. (See SECNAVINST 1920.66).
A commissioned or warrant officer in the Navy can be “eliminated” from the Naval Service if the officer or warrant has committed misconduct of a nature that will discredit the Naval service or is prejudicial to good order and discipline in the Navy or Marine Corps. Service.