ROTC

ROTC DISENROLLMENT

Are you or a loved one facing ROTC or Academy disenrollment? Cadets and Midshipman may face this action if their military superiors believe that the Cadet or Midshipman breached their ROTC contract by doing one of a number of things, including committing misconduct, failing to uphold the honor code, or becoming unfit for military duty.

ROTC

If this happens to you or a loved one, you (they) are entitled to a hearing at which you may personally appear and present your case. The Air Force and Army call these “Disenrollment Hearings” while the Navy/Marine Corps refers to them as “Performance Review Boards.” Much like a very informal trial, you will hear the evidence collected against you and have the opportunity to present evidence in your defense. At stake at these hearings is your ability to receive a commission, the possibility that you may have to repay scholarship money already received, and the potential to be ordered to serve your active duty time as an enlisted member. 

SHOULD I HIRE AN ATTORNEY TO ASSIST ME WITH ROTC DISENROLLMENT?  

Probably. While an attorney’s speaking role at a hearing will be more limited than at a criminal trial, an experienced lawyer can GREATLY assist you in preparing for the hearing, to include:

  • File review, to ensure all relevant documents are included;
  • Drafting of a legal memorandum to provide to the hearing officer (or board) in advance of your hearing date. This will likely include all of the information your lawyer would offer at your hearing, to ensure the information is included;
  • Identify, speak with and help prepare witnesses to speak on your behalf, and finally;
  • Help prepare you for your critical statement to the board. 

The rules and procedures and the standards used by the Services in making these determinations are complex. In addition to the steps outlined above, an experienced attorney can assist you in making sure you not only comply with them, but that you place the strongest package possible before the Board.  

WHEN SHOULD I CONSIDER HIRING AN ATTORNEY TO ASSIST ME WITH ROTC DISENROLLMENT?

As soon as possible! Some hearings may literally take place only a few days after you are notified that it will happen! For that reason, if you are concerned that you may face such a procedure, it’s vitally important that you obtain legal serves as soon as possible. 

HOW DO I LEARN MORE?

The services instructions on disenrollment hearings can be found here:

Army Regulation 145-1;

Navy Service Training Command Instruction 1533.2A

Air Force Instruction 36-2011.

Please also feel free to reach out to us at KML for a free consultation on these matters.  

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Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
Ro JairamRo Jairam
15:29 12 Jul 22
Don is the guy you want in your corner. When you are up against the resources of the military and government in general, it can be overwhelming. The military JAGs who may eventually get to defend you do their best, but they are often overrun with cases and can only represent you after you’ve been officially been informed that you’re going to court-martial or administrative separation board.I won’t go into too many details about my specific situation, but Don’s vast experience as a prior judge and JAGC CAPT, his knowledge of the law and particular the UCMJ, and quite frankly, his connections to those in the military legal circles, may have saved my career.Do yourself a favor and call King Military Law for a free consultation. Especially if you think things are going to go sideways (like they did in my case), you should give serious consideration toward hiring an attorney.I’ll end with this since I’m being vague. My situation ended in an outcome that the JAGs were flabbergasted by. I had to make some financial sacrifices to hire this warrior but it was well worth it in the end. The resolution to my situation was fair and equitable, and that’s all I could hope for in the beginning.Thanks Don, and keep fighting the good fight.
Coleman ProffittColeman Proffitt
18:19 26 Jun 22
Don King is a man of integrity, professionalism, and work ethic. He worked tirelessly on my case and was always available for my questions. He made sure that I was well informed on the entire situation and all outcomes. I am thankful that I had Don King on my case, and I would give him the highest recommendation to anyone in need.
ShaunShaun
02:07 09 Apr 22
We only had a Brief conversation. But within those few minutes, He made me smile with relief. He gave me better advice then three lawyers a jag and legal on my ship. I got hit with article 112a, when my ship found a dab pen in my belongings. After his consultation, I feel like I can put my mine at ease. highly recommend 10 out of 10!!!!!!
Roberto AugustinRoberto Augustin
01:40 25 Feb 22
If you are facing any legal issues within your command, please do not hesitate to contact Mr. Don. He is one of the best military attorneys you could ever ask for. He is sincere and extremely knowledgeable about the military law. I was in the process of getting separated for a pattern of misconduct a few months before my EOS. I felt so hopeless and scared that I would lose all my benefits. I waited at the last minute to contact Mr. Don. God knows that was one of the best decisions I have ever made. He took his time to listen to my issues and told me right away that he could help me. After I provided him with all the information that was needed for my case, he and his team were able to write a very successful letter to my command admiral and allow me to get out with an honorable discharge. The only regret I have by choosing Attorney Don and his team is not contacting them much earlier than I did.Thanks again, Mr. Don. I greatly appreciate you and your team for helping me win my case.
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