From a litigation standpoint, an administrative separation hearing is very similar to a contested court-martial. The Respondent is entitled to have an attorney, call witnesses, cross examine witnesses, and present opening and closing statements. There are some stark differences though.
An administrative separation board is the equivalent of being “fired” by the Army, Navy, Air Force or any other service. A service member is under contract, so the process of being fired requires a certain amount of due process. It is common at these hearings for the government to begin their opening statement saying “remember, this board is just an unemployment hearing.” It is far more than an employment hearing. Ask the service member with 19 years of service facing an administrative separation board if it’s just an employment hearing. It can be as serious as a court martial. The service member’s medical and retirement benefits are on the line as well as their career and reputation.
Our staff at Shewmaker and Shewmaker is comprised of former senior officers and enlisted members. Over the years, we have developed specific litigation plans and strategies that have garnered great success at separation boards. We understand what boards are looking for. We know how to present evidence. We know what rules of evidence apply and those that do not in front of boards. We know what arguments work before boards and those that typically do not. We always strive to limit the government’s ability to attack you. We utilize your service records to the greatest extent possible. In short, we have a team of military law experts ready to help you navigate the administrative separation process with confidence and success.
While an administrative discharge from the military does not result in jail time, sex offender registration or notation on your criminal history, being separated can still result in lifelong consequences such as a loss of eligibility for Veterans Benefits (and GI Bill educational benefits) or the inability to find a sustainable career in civilian life. Any member of the Armed Forces who is recommended for discharge is called the “Respondent” instead of the court martial term, the “Accused”.
If the military seeks to separate any service member with more than six (6) years of service (eight years in the U.S. Coast Guard) or separate a service member with any length of service and characterize his/her service as Under Other Than Honorable Conditions (OTH), the Respondent is guaranteed the opportunity to fight his/her case at an administrative separation hearing.
