administrative separation (ADSEP) board

What is an administrative separation boards?

If you are suspected of committing certain offenses, or your commander believes you lack the potential for further service, you may be processed for military separation or military discharge, prior to the end of active obligated service (EAOS) date. This process is known as “administrative separation” for enlisted personnel. (Officers are administratively separated via a process known as a Board of Inquiry. Click here for information on BOIs). The services vary slightly on how this process takes place but, generally the following information applies:

What rights do i have if i’m being processed military separation

If you face military discharge or military separation, you  have the following rights:

  • The right to consult with a military attorney. You can consult with an active duty military attorney at your local base legal office at no cost or you may hire an experienced military civilian attorney;
  • The right to submit statements in your own behalf ,You also have the right to obtain your military records;
  • The right to obtain copies of documents which your commander will forward in support of the separation recommendation;
  • The right to a hearing if the commander seeks a discharge characterized as under “Other Than Honorable ” Conditions (OTH) OR if you have over 6 years of service in the military.
  • If you have a hearing, you have the right to an attorney to represent you that hearing. Again, this attorney can be an active duty attorney or you may hire experienced military counsel. For more information on making this decision, click here.

What are the types of discharges at an administrative separation board?

If you are processed for military separation or military discharge prior to your EAOS, you will receive one of the following discharge characterizations:

  • Honorable Discharge is the best discharge you can receive from the service. An honorable discharge will be given for proper military behavior and proficient performance of duty. If there is no derogatory information in your military record, you should receive an honorable discharge.
  • General Discharge (also called “General, Under Honorable Conditions”) is usually given to someone who had nonjudicial punishments (Article 15s), but not for serious infractions. A general discharge indicates that you had problems while you were in the military and may cause prejudice in civilian life. However, because it is under honorable conditions and is still considered “good paper,” most employers probably will not press the issue. You will be eligible for all VA benefits with a General discharge with the exception of education benefits, such as the 9/11 GI Bill, for which the VA requires an Honorable discharge (along with a minimum amount of service) in order to receive.
  • Under Other Than Honorable Conditions (OTH) will deprive you of most of the benefits you would receive with an Honorable discharge and may cause you substantial prejudice in civilian life. Therefore, before you can be given an OTH, and regardless of how few years of military service you may have, you have the right to have your case heard by an administrative separation board.

What options do i have if  i’m being processed for separation?

The Separation Authority, usually your Company, Battalion or Ship Commanding Officer (or General or Flag officer depending on the reason for separation and the proposed characterization of discharge) decides whether you should be separated and, if so, what type of the discharges described above that you should receive. If you have less than six years of total active and reserve military service, and you are not being considered for an OTH discharge, you are not eligible for an Administrative Separation Board, so the only way you can provide input into what sort of discharge you receive is to submit statements in your own behalf. These statements can be yours, or from people with whom or for whom you have worked. You should seek the assistance of an experienced military lawyer prior to submitting these statements, since, if done right, they can have a significant impact on the character of your discharge.

What rights do i have at an administrative separation hearing?

Again, if you have six years or more years of active and reserve military service OR the commander is seeking an OTH, you have the right to a board hearing before the commander takes action. This board normally consists of a panel of three people, usually two officers and a senior enlisted member. The Board is much like a trial, where the government is represented by a military legal officer, and you are represented by a military lawyer. Both sides can call witnesses and present evidence, including your military records. Once the evidence has been presented, your military attorney can argue on your behalf. The board then votes to determine if (a) you committed the reason for separation; (b) if so, should you be separated, and (c) if so, what the characterization of service should be. The Separation Authority makes the final decision, but cannot do anything less favorable to you than the Board recommended.

Again, you have the right to be represented by an active duty military lawyer at no cost to you. You could also hire a civilian military lawyer, at no cost to the Government. You may make a statement to the Board or chose to remain silent.

You may submit a Conditional Waiver. A Conditional Waiver is a document you send to the Separation Authority agreeing to give up your right to a Board hearing in exchange for a better type of discharge (usually a General discharge). If the Separation Authority agrees, there is no hearing, and you are separated from that better type of discharge. If not, you still have the right to a Board. In any case, you also have the right to consult with a military lawyer to decide what option is best for you. This is why it is very important to get an experienced military attorney before making this decision. At King Military Law, we often recommend our clients fight the government at a hearing as this can often result in the Board voting to retain you on active duty.

The Administrative Separation process could result in your losing important military benefits, veterans benefits as well as adversely impacting your life after service. For those reasons, take the process seriously, fight every step of the way, and make sure you are assisted in that fight by an experienced military attorney.

At KML, we are available to you 24/7. Please call us if you think we can help.

King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most

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King Military Law
5.0
Based on 44 reviews
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Ariel DifoAriel Difo
02:32 17 Feb 24
I was told by my command and even military lawyers that my separation from the military was inevitable and that there was no way to fight it. I lost all hope was going to accept my separation from the military. But, thanks to the guidance of Mr. King, I was encouraged to fight for my name and was even able to win my board with the help of Mr. King and his Firm. Angela and Kasheta were always there to assist me with any questions or concerns I had, and Angela did an amazing job scrutinizing the discovery and finding many flaws with the accusations. It was their hard work and dedication that eventually led to me being retained in the military. Mr. King was always professional and instilled confidence in me that I had nothing to fear. I would highly recommend his firm, knowing that his team will give you one hundred percent of their efforts and help you fight for what's right.
Adam WAdam W
00:27 10 Feb 24
Don and his team at King Military Law are truly incredible people. It's rare that you can call a law firm and speak directly with a lawyer, let alone someone like Don. He gave my father and I exactly the information we needed despite the challenges that ensued. It gave us hope in a very difficult time. Even afterwards, he's done everything he can to help me and my family take action and hopefully help many others in the process. Thank you Don 🙏
cforceman1cforceman1
19:16 09 Feb 24
I recently hired Don King and his team for my legal situation and they delivered expertly. I was not sure what my options were and they laid it out for me in a way I can understand. There are no guarantees when it comes to legal situations but I was lucky that I went with what I came to see was the best in the game. Give them a call. I wish you the same result that I had especially with Angela and Kasheta on the case too.
B MB M
21:58 24 Jan 24
Potentially found myself on the wrong side of an NJP that would have jeopardized my military career and discharge. This was not only a threat to my meticulously built reputation, but also to my future after military service. I was incredibly worried with no idea who to contact or trust.Here comes King's Law Firm - they are a dedicated and diligent team, filled with experienced professionals that have seen almost anything a service member can encounter. This is crucial - they have the unique perspective to provide comprehensive and informed legal advice. Upon listening to my situation, they instantly had a plan of action for me. This provided so much clarity and much needed relief.I cannot stress how beneficial the King Law Firm team has been to me. I need to shout out Ms. De La Garza - she actively listen to me for well over 20 minutes so that she could have the most accurate understanding of my situation. Her attentive nature tied with vast experience makes her such an invaluable asset to have on your side.I deeply appreciate the help, and will certainly use your firm in the future!
Lucas VazquezLucas Vazquez
01:43 11 Jan 24
If you're seeking legal assistance, King Military Law is where you need to go. I was going through legal issues with my command, Mr. King and his staff did above and beyond to help me. From making me feel comfortable and guiding me throughout the case. I can't thank them enough.
Christopher EsquivelChristopher Esquivel
03:25 05 Dec 23
Mr. King is very knowledgeable in military law. He was able to help me and made sure to explain everything in the most simple terms so that I can ensure I was in good hands. He is quick to help you address the issues you are going through and help you find solutions.
kyle doughertykyle dougherty
01:23 02 Nov 23
Don King and his practice, "King Military Law," have been an absolute game-changer in my life. From the moment I spoke to Don for a free consultation over a year ago, I knew I was making the right choice. The journey that followed has been nothing short of extraordinary.I had the opportunity to consult with several military lawyers, but it was Don's unwavering commitment and his word that won me over. He assured me he would stand by my side, and that promise has been upheld most remarkably. Don, along with his exceptional paralegals, Angela and Katesha, embarked on a tireless journey to fight for my rights and my future.The most significant battle they helped me win was against an administrative separation board. The dedication and diligence they put into my case were unparalleled. They left no stone unturned, meticulously examining every detail and aspect of my situation. Their level of commitment to my case was nothing short of inspiring.What truly sets Don King and his team apart is their exceptional communication. They consistently went above and beyond, ensuring I was informed at every stage. Their accessibility and willingness to answer any questions I had, no matter the time or day, gave me peace of mind during what could have been an extremely stressful period for my family and me.Don and his team didn't just treat my case as another file; they treated it as a number one priority. Their genuine care and concern for my well-being and the well-being of my witnesses were evident throughout our time together. They provided support and advocacy that goes above and beyond the call of duty.In conclusion, I couldn't be more thrilled with my experience with King Military Law. Don King and his exceptional team have met and exceeded my expectations in every way. If you need military legal representation, I wholeheartedly recommend Don King and his practice. They are not just legal professionals; they are compassionate allies who will fight relentlessly to ensure that justice prevails. Thank you, Don King and King Military Law, for giving me a second chance and being the unwavering support I needed during a challenging time. You are nothing short of amazing.
Cody WhortonCody Whorton
04:54 21 Oct 23
I am a Chief Petty Officer; I have served for our world’s finest Navy for 13 years. Unfortunately, I had a potential career ending legal event that threatened me with an administrative separation board. After calling numerous lawyers in San Diego, I called Mr. Don King and his legal team. Let me tell you, it was one of the best decisions that I have ever made. After speaking with Mr. King, I immediately felt that I had the best legal representation that I could possibly find. I WAS RIGHT! Don is the most honest, hard-working, and compassionate lawyer you are going to find! His team fought for me like I was their son. His team is super responsive and always helpful. They were very knowledgeable and were able to answer all my questions regarding the process. Don’s paralegal Angela would always ensure all required documentation was in order and received in a timely manner. She would even talk to me when I was feeling down and ensured I was making the right decisions on my part. Don fought at my board like it was the last day on earth. This is the best legal team in San Diego. If you choose only one lawyer, choose Mr. Don King and his legal team. YOU WILL NOT REGRET IT! Thank you, King family! My wife and I will never forget what you did to help us win this battle.
Scott PRESTIGIOCOMOScott PRESTIGIOCOMO
00:29 14 Oct 23
Had a conversation today with Mr king about a military court case 2000 miles away and spoke with over 20 other attorneys and not 5 of them combined gave me the amount of advice that he did himself! Very well educated in his field with a wealth of knowledge. I have multiple high end attorneys on retainer here in my state so I’m not foreign to well experienced attorneys and this man was what I am familiar with when it comes to well experienced. Sad that I had to swim thru a pool of uneducated attorneys whom claimed to be the best in their field only to find out that they had no clue to what seemed to myself and my legal/political friends to be a somewhat simple question for someone claiming to be a pro! This man is the real deal! This is not a paid or fake comment and I have never met this person who is very far from here and he helped me as if I was standing in front of him! Even as he was walking his dog he took his own time to get back to me. If you’re looking for a legit attorney then you’ve found him! I’d give more stars if possible. I’ll be telling my friends on the west coast in the area about you. Thank you for your time sir!
Jess SackettJess Sackett
20:19 15 Sep 23
Mr King recently defended my daughter for misconduct. His defense ended with a unanimous board decision clearing my daughter of that charge. Mr King was tenacious and unrelenting in her case. His staff are true professionals and highly skilled and experienced in preparing the cases. If you or someone you know needs a lawyer who will fight for you Mr King is the one you want in your corner.
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