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Challenging an Administrative Separation from the Military

By Joseph Low on February 9, 2015

rows of soldiers standing at attention

An administrative separation might be sought for many reasons. For instance, a servicemember who does not successfully complete a drug abuse rehabilitation program, who is found responsible for misconduct, or whose performance has been found unsatisfactory may find himself or herself facing an administrative separation.

The way in which you leave the military affects both the benefits you receive as a result of your service and your employment options after your service has ended. In many cases, a servicemember facing an administrative separation does not want to leave at all. He or she is deeply devoted to the ideals, purposes, and processes of our armed forces, and does not want to see his or her hard work and loyalty go to waste.

Although an administrative separation seems dire, you have certain rights. For example, before you are separated, you must be served a written notice explaining that you may be separated and the reasons for your separation. You also have the ability to contest the notice and build a case on your own behalf. A sufficiently convincing case may prevent your discharge.

Contacting an experienced military defense attorney as soon as you receive notice of administrative separation is a wise idea. Your attorney can hear out your side of the story and put together the documents, evidence, and arguments on your behalf.

If you’ve received a notice of separation, don’t wait: contact an experienced California military defense lawyer like Attorney Joseph H. Low IV. Contact our office today to learn more about your rights and options in an administrative separation.

Posted in: Military Defense

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