Annapolis, MD Administrative Separation Lawyers

Attorneys Helping Members of the Military Defend Against Administrative Separation in Annapolis, Maryland

Military service comes with high standards of conduct and performance, and any deviation from these standards can lead to serious consequences. One of the most serious concerns a service member can face is administrative separation. Unlike a court-martial, administrative separation is a non-judicial process, but the implications can be equally severe, affecting a person's career, benefits, and future.

At the Law Offices of Murphy & Price LLP, our military criminal defense lawyers provide legal help to military personnel facing separation. We fight to protect our clients' rights, careers, and long-term opportunities. We can review the alleged misconduct or performance issues, explain the legal and procedural options available, and present a strong defense before the separation board.

Our lawyers have the skills and experience needed to address concerns that could lead to administrative separation. Attorney Dennis Murphy has experience in military law, having previously been a member of the Navy Judge Advocate General (JAG) Corps. We can challenge insufficient evidence, highlight mitigating circumstances, and argue for retention in the military or a more favorable discharge characterization.

Common Reasons for Administrative Separation

Administrative separation can be initiated for a wide range of reasons, and the specific basis will influence how the case is handled and what type of discharge the service member may receive. Common grounds for separation include:

• Misconduct: This can involve drug offenses, theft, fighting, or other behavior that may affect a person's military service.
• Substandard Performance: Repeated failure to meet physical fitness standards, poor job performance, or failure to advance in rank may lead to separation proceedings.
• Pattern of Minor Disciplinary Infractions: Multiple nonjudicial punishments or counseling statements for minor offenses could justify discharge.
• Commission of a Serious Offense: Even if a service member avoids a court-martial, a serious accusation such as a sex offense can result in administrative discharge proceedings.
• Drug Abuse: A positive drug test or admission of drug use may trigger action that could result in administrative separation.
• Personality Disorders or Mental Health Diagnoses: Some discharges are based on claims that a service member is unable to adapt to military life due to psychological concerns.

Avoiding Administrative Separation

Many service members wrongly assume that because administrative separation is not a criminal conviction, the consequences are minimal. In reality, the type of discharge a person receives can significantly affect their military and civilian future:

• Character of Service: An Other Than Honorable (OTH) discharge can result in the loss of valuable benefits, including VA healthcare, education funding under the GI Bill, and housing assistance.
• Employment Prospects: Civilian employers often consider a person's discharge characterization when evaluating a military veteran's job application.
• Reenlistment Eligibility: Certain types of administrative discharge may bar a person from future service in any branch of the U.S. military.
• Reputation: A separation based on misconduct can tarnish a person's reputation both within the military and in the civilian community.

Fighting administrative separation offers the chance to preserve one's career, secure an honorable discharge, and maintain eligibility for critical benefits.

Understanding the Administrative Separation Process

Although an administrative separation is less formal than a court-martial, legal procedures will be followed. The stages of an administrative separation will typically include:

1. Notification: The service member will receive a written notice outlining the basis for separation and the recommended type of discharge.
2. Response: The service member may submit a written rebuttal or request a hearing before the administrative separation board.
3. Separation Board Hearing: For those entitled to a board hearing, the proceeding will resemble a trial with the opportunity to present evidence, call witnesses, and cross-examine the government's case.
4. Recommendation: After the hearing, the board will provide its findings and a recommendation for or against separation and the appropriate characterization of discharge.
5. Final Decision: The separation authority will make the ultimate decision based on the board's findings.

Throughout this process, the Law Offices of Murphy & Price LLP can provide legal help and representation. We can prepare a persuasive defense, present favorable evidence, and advocate before the separation board for retention or an honorable discharge.

Contact Our Annapolis Military Administrative Separation Attorneys

When the military seeks to involuntarily discharge a servicemember, their career and future will be on the line. At the Law Offices of Murphy & Price LLP, our lawyers understand the impact that administrative separation proceedings can have on servicemembers. We work to help our clients protect their rights and avoid outcomes that could limit their future opportunities. Reach out to us at 410-280-2500 to set up a free consultation and begin building a defense against a less than honorable discharge.