Top Mistakes Service Members Make Before an Administrative Separation Board

Administrative separation board hearings can be frightening for service members across all branches of the military. The potential to not only lose your position but also be barred from any future veteran benefits makes it important that you avoid errors. Explore the top mistakes service members make before an administrative separation board.

Overview of Military Administrative Separation Cases

In 2023, 161,820 active-duty service members left the Department of Defense (DOD). Of these departures, 49.4% were voluntary, 23.1% were involuntary, and 27.2% were retirements.

If you are one of the roughly 160,000 active-duty troops in California, the potential for an involuntary separation can be daunting.

An administrative separation (ADSEP) is the process by which your commander can try to have you removed from service through an other-than-honorable discharge. Reasons why a separation case may be initiated include:

• Substance use
• Pattern of misconduct
• Insubordination
• Substandard performance of duty
• Alleged serious misconduct, such as sexual assault
• Mental disorder
• Fraudulent enlistment

The ADSEP process is guided by the DoD Instruction 1332.14 for enlisted service members and DoD Instruction 1332.30 for commissioned officers. Typically, your case is heard by a board of two commissioned officers and one high-ranking noncommissioned officer or senior enlisted member. This board must be composed of impartial parties and overseen by a legal advisor or judge advocate.

Common Mistakes Service Members Make in an ADSEP Board Hearing

The administrative separation process has many opportunities for error that can leave service members at a disadvantage before the board. The following are a few common mistakes to avoid before your ADSEP board:

• Missed deadlines. After receiving notice of an ADSEP proceeding, you only have a few days to respond and request a board hearing. Missing this deadline can waive that right and jeopardize your case.
• Underestimating the case’s severity. Some service members underestimate the board hearings, thinking that the chain of command likes them or that it is an informal process. A dismissive attitude can harm your defense and lend credence to any accusations of insubordination or misconduct.
• Poor preparation. An ADSEP board hearing, as with any other trial, requires careful preparation. Appearing before the board with little evidence, no supporting witnesses, and a poorly worded statement can weaken your defense.
• Disorderly conduct. How you present yourself in the proceedings is paramount to the results. Some service members are rude or disrespectful when defending themselves against any accusations of wrongdoing.
• Failing to challenge allegations. While it is important to respect the proceedings, an easy mistake would be failing to challenge any weak, false, or inflammatory arguments. Silence can be necessary, but explaining context and correcting the record is crucial to avoiding other-than-honorable discharge.

Hire a Military Administrative Separation Lawyer

One common mistake service members make is denying their right to an attorney. While legal counsel is not required, it can be difficult to advocate for yourself effectively before the ADSEP board when your career is at stake.

Hire a military administrative separation lawyer to help you through this difficult situation. They can review the accusations against you, gather evidence and witnesses, prepare you for the proceedings, and represent you in all hearings.

About Us

In 2004, founder Aaron Meyer was commissioned as a Marine Officer and Judge Advocate, reached the rank of Captain in the Marine Corps in 2008, and was honorably discharged in 2014. He has earned more full jury-trial acquittals than all other military attorneys on the West Coast. At Aaron Meyer Law, we are committed to representing service members and defending them against unjust separations.

FAQs

Q: What Is the Burden of Proof at an Administrative Separation Board Hearing?

A: The burden of proof in an administrative separation board hearing is an important element to understand in your case. Military procedure mandates that there must be a preponderance of evidence supporting any allegations, meaning that your commander must prove that their claims were more likely to have happened than not. This is a lower bar than the beyond a reasonable doubt standard used in either criminal or court-martial cases.

Q: How Long Do Administrative Separation Cases Take in California?

A: How long your California military administrative separation case takes is based on the complexity of the case. A case centered on a service member separated based on insubordination or a personality disorder diagnosis who refuses a board hearing may take less time to resolve, whereas one involving serious allegations, drug tests, and witness testimonies may take much longer. We can provide a rough timeline for your case in your initial consultation.

Q: What Should You Look for in Your California Military Administrative Separation Attorney?

A: There are many key characteristics you should look for when hiring a military administrative separation attorney in California. The most important factor is experience with the ADSEP process. Your legal counsel should have a proven track record of handling similar cases and delivering results.

Another thing you should prioritize in your lawyer is someone who communicates clearly about expectations and the process. Your attorney should be transparent about costs and not make guarantees about the outcome.

Q: Do You Need a Lawyer for Your Administrative Separation Case in California?

A: Military regulations do not require you to hire legal counsel for your California ADSEP case, but doing so can be beneficial. An experienced lawyer can review your case, highlight weak or false arguments, and help you avoid easy mistakes when presenting your defense before the board. Many service members are unfamiliar with the process, so having someone with decades of knowledge at your side can be a major advantage.

Speak With a Military Administrative Separation Attorney Today

Our team at Aaron Meyer Law knows how stressful and administrative a separation proceeding can be. We can use our years of knowledge, experience, and skills in both military and criminal law to make a positive impact on your case.

Contact us today to schedule your initial consultation and learn more about the top mistakes service members make before an administrative separation board.

In this meeting, we can learn your story, discuss your options, and provide potential pathways forward. You may also visit our Newport Beach office, located on Newport Plaza just south of John Wayne Airport and northwest of the University of California, Irvine.