The first step in fighting an administrative separation is to speak to an experienced military defense lawyer. The attorney you hire will manage the process of gathering and presenting evidence that counters the allegations or supports mitigating factors, filing motions to correct procedural errors, and cross-examining witnesses at the separation board hearing. The firm will also prepare and present arguments that highlight your positive contributions and argue for retention or a more favorable discharge characterization.

No. Administrative separation is a process, not a discharge characterization. The outcome of an administrative separation can result in several different discharge types, including Honorable, General (Under Honorable Conditions), or Other-than-Honorable (OTH) discharge. This characterization depends on the circumstances of your separation, as well as the findings of the separation board.

This refers to the “preponderance of the evidence,” meaning the evidence must show that it is more likely than not that the alleged misconduct or grounds for separation occurred. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal courts.

There is no definitive timeline for administrative separation. This depends on the complexity of the case and the specific procedures of the military branch involved. Generally, the process may take several weeks to a few months.

Yes. The appeal process typically involves submitting a request to a higher military authority or review board to challenge the decision on grounds such as procedural errors, new evidence, or insufficient evidence to support the separation.