Administrative Separation vs. Court-Martial: What’s the Real Difference for Your Career?

Service members in the military may know that both court-martials and administrative separations can have lasting impacts on their careers, but not understand how they differ. The team at Aaron Meyer Law is here to explain the differences in the processes and consequences between an administrative separation vs. a court-martial.

Understanding the distinction between the two can affect your benefits, future civilian opportunities, and discharge characterization. Having the guidance of an experienced attorney can help you better protect your rights and make informed decisions.

Overview of Administrative Separation and Court-Martial Cases

Administrative separation and court-martial cases are intimidating prospects for any of the 1.3 million active-duty service members in the United States. In 2023, the Department of Defense (DOD) processed almost 1,500 court-martial cases. Administrative separations were more common occurrences, with 37,440 involuntary departures from the military.

Administrative separations (ADSEP) and court-martial are processed in distinct manners, with each having different impacts on your future military career. ADSEP cases are structured around DOD Instruction 1332.14 for enlisted members and DOD Instruction 1332.30 for commissioned officers. ADSEP boards are primarily composed of two commissioned officers and one high-ranking enlisted officer. They are non-criminal and involve your fitness to serve.

Court-martials are criminal cases involving actions that would be unlawful for a civilian to commit and are handled through the Uniform Code of Military Justice. These can result in a reduction in rank, jail or prison time, fines, and dishonorable discharge.

Administrative Separation vs. Court-Martial Impact on Your Career

ADSEP cases tend to offer more opportunities for future employment with the military, depending on the reason for separation. When you are separated from the military, your case is given a code.

These codes each have different consequences and break down into the following categories:

• RE-1, or eligible for reenlistment
• RE-2, or ineligible for reenlistment due to retirement
• RE-3, or eligible for reenlistment except for a disqualifying factor
• RE-4, or not eligible for reenlistment

The exact code may change depending on the branch you served in, but the ranking remains similar. In RE-3 cases, you may seek a waiver to reenlist at a later date. If you receive an RE-4 code, you can rarely rejoin.

A court-martial’s effect on your military career depends on the type of case and whether you are punished or convicted. A summary court-martial may reduce your rank and damage your reputation, but it allows for a future in the military. Special court-martials can receive harsher penalties, with a possibility of a bad-conduct discharge. General court-martial convictions likely end in a dishonorable discharge and an RE-4 code.

If you are acquitted in a court-martial case, it may not affect your future employment. A conviction without punishment can allow you to remain in service while reducing your career opportunities.

Hire a Military Administrative Separation Lawyer

Administrative separation cases can be overwhelming proceedings to go through on your own. With your military career in question, it’s imperative that you hire a military administrative separation lawyer to help you in this difficult time.

Your military administration separation attorney can review the arguments against you, advise you on defense strategies, gather supporting evidence, and represent you at each step of the process. You don’t have to face allegations of misconduct alone.

About Us

At Aaron Meyer Law, our team has spent years assisting the people of Orange and San Bernardino Counties and cities throughout Southern California with their military court cases. Founder Arron Meyer was commissioned as a Marine Officer and Judge Advocate, honorably discharged as a Captain in 2014. He has experience handling a variety of legal matters involving service members, ranging from DUIs to murder charges.

FAQs

Q: Do You Need a Lawyer for an Administrative Separation or Court-Martial Case?

A: Military regulations do not legally require you to have an attorney in an administrative separation or court-martial case. However, using your right to hire legal counsel can be helpful. A lawyer experienced in military procedure can use their insight to build your defense, argue against bad faith accusations, and make a positive impact on your case.

Q: What Is the Difference Between Court-Martial and Administrative Separation?

A: The difference in administrative separation vs. court-martial is essentially a criminal vs. non-criminal process. An administrative separation is a non-criminal administrative proceeding where the focus is on whether someone should be enlisted in the military. Court-martials are criminal trials and center around whether a defendant is guilty or innocent of any alleged crime. Aaron Meyer Law can handle either case.

Q: Can You Be Honorably Discharged in a California Administrative Separation?

A: In an administrative separation proceeding in California, you may be honorably discharged, depending on the circumstances of your case. Instances of medical issues, failure to adapt to the military lifestyle, and similar reasoning for your separation can result in an honorable discharge, while a case involving serious misconduct, such as assault or substance use, may end in an other-than-honorable discharge.

Q: Can You Reenlist After Being Administratively Separated in California?

A: Whether you can reenlist after being administratively separated in California depends on the reasoning, the character of your discharge, and the record that appeared on your DD Form 214. If you were honorably discharged or under honorable conditions, you may be able to rejoin the military. If it were an other-than-honorable discharge with severe allegations, you may be barred from reenlisting.

A military administrative separation attorney can analyze your case and determine whether re-enlistment is an option for you.

Speak With a Military Administrative Separation Attorney Today

Aaron Meyer Law is committed to representing service members in Camp Pendleton, San Diego, and all bases across California in their administrative separation or court-martial proceedings. We can use our years of experience to fight for you during the process and make a positive difference in your case.

Contact us today to schedule your initial consultation, during which we can learn your story, discuss the potential outcomes, and begin building your defense against any allegations. You may also visit our Newport Beach office, located on Newport Place, a few blocks north of San Diego Creek and southeast of John Wayne Airport.