How to Prepare for an Administrative Separation Board (Step-by-Step for Service Members)

Many service members can feel confused, overwhelmed, and worried before facing an administrative separation board. In the days before, it’s easy to feel lost on what to plan for. The team at Aaron Meyer Law is here to explain how to prepare for an administrative separation board.

Overview of Military Administrative Separation Cases

Each of the current 1.3 million active-duty service members will eventually leave the military, but the circumstances around the discharge can determine eligibility for benefits and affect their future. In 2023, 161,820 active-duty members left the Department of Defense (DOD). Of these, 79,877 were voluntary, and 37,440 were involuntary.

Administrative separations (ADSEP) are the processes by which a commander may seek to have a service member other-than-honorably discharged. They can be initiated for various reasons, including insubordination, substance use, a pattern of misconduct, or a service member who is unfit for military life.

Administrative separation board hearings are processed using either DoD Instruction 1332.30 for commissioned officers or DoD Instruction 1332.14 for enlisted personnel. Typically, each board comprises two commissioned officers and either a noncommissioned officer or a high-ranking senior enlisted member.

Steps to Prepare for Your Administrative Separation Board Proceeding

What you do in the days and weeks leading up to the board meeting may determine whether you stay in the military. With your career as a service member at stake, it’s important to do all you can to prepare before the ADSEP proceedings begin.

The following includes a few steps you can take to prepare for your administrative separation board hearing: 

Review and Respond to Your ADSEP Notice

The first step to any administrative separation case is to review the notice. It should explain the reasoning behind the action, existing evidence against you, and your rights in the proceedings.

You should respond quickly to the ADSEP notice. In most cases, you only have two working days to request a board review. Failing to meet this deadline can result in an automatic waiver of your rights in the proceeding.

Gather Evidence

Next, gather evidence. Supporting documentation can be essential in avoiding an involuntary separation.

Examples of strong evidence include:

• Awards and commendations for service
• Performance evaluations
• Mitigating personal or medical information that may explain unsatisfactory actions
• Character letters
• Eyewitness testimony for any alleged misconduct
• Documentation of efforts to improve

Prepare Your Personal Statement and Defense

After collecting evidence, you should prepare your personal statement. This should include a full explanation of any alleged events from your perspective, acknowledgement of any mistakes you may have made, actions you took to correct the errors, and why your separation is not in the military’s interest.

Hire a Military Administrative Separation Lawyer

While you can take all precautionary actions on your own, it is recommended that you hire a military administrative separation lawyer to assist you in your case. An experienced ADSEP attorney can help you review your notice, request a board review, gather supporting evidence, and advise you on your personal statement and defense strategy. Your legal counsel can be at your side for each step of the case.

About Us

Aaron Meyer Law is committed to representing service members in Orange County, San Bernardino, and across California in their administrative separation proceedings. Aaron Meyer served as a Marine Officer and Judge Advocate for a decade before being honorably discharged as a Captain in 2014. He is admitted into military courts worldwide and has tackled cases ranging from DUIs to false assault allegations.

FAQs

Q: What Are Common Mistakes Service Members Make in an Administrative Separation?

A: Service members make many common mistakes before and during administrative separation proceedings. One frequent error is either acting disrespectfully during discussions or failing to advocate for themselves. A middle ground is necessary between decorum and defending against weak or false arguments. Another misstep is failing to treat the ADSEP seriously and assuming a favorable outcome. Finally, many service members do not adequately prepare for the process.

Q: How Long Does a Military Administrative Separation Case Take?

A: How long your military administrative separation case takes changes based on the complexity of the case and whether a board hearing is called. A simple ADSEP where the service member in question waives the right to a meeting and accepts acts of wrongdoing may resolve much quicker, whereas cases with a full hearing and witnesses that require lab tests can be drawn out over a period of time. In your initial consultation, your attorney can provide a loose timeline for your case.

Q: Under What Conditions Is an Administrative Separation Board Hearing Called?

A: The typical condition for an administrative separation board hearing getting called is when a commander wishes to dismiss you from the military under other-than-honorable circumstances. Reasons for initiating the process differ on a case-by-case basis. Common sources include patterns of misconduct, failure to adjust to military life, substance abuse, insubordination, fraudulent entry, or a diagnosis of a serious mental disorder.

Q: Can You Reenlist After Administrative Separation?

A: If you are administratively separated from the military, you can reenlist depending on the circumstances of your departure. Upon exit, your DD214 is given a code. An RE-1 code allows full reenlistment at any point, and an RE-2 means you retired. An RE-3 makes you ineligible to re-enlist, unless you are issued a waiver from your branch. An RE-4 almost always bars you from rejoining.

Speak With a Military Administrative Separation Lawyer Today

At Aaron Meyer Law, we understand how intimidating an administrative separation board can be. We can help you at each stage of the process, from initial notice to the board’s decision. Our team has experience navigating similar cases, and we can use our skills to make a positive difference in your situation.

Contact us today for an initial consultation, where we can explain your rights and discuss how to prepare for an administrative separation board. You may also visit our Newport Beach office, located on Newport Place, a few blocks northeast of Corona Del Mar Freeway, south of John Wayne Airport, and west of the IRWD San Joaquin Marsh and Wildlife Sanctuary.