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Understanding the Administrative Separation Process

By Joseph Low on November 26, 2012

Under certain circumstances, an involuntary administrative separation action may be taken against a military service member, which means that they are being fired from military service. Reasons for administrative separation may include, but are not limited to, criminal conduct, pattern of misconduct, or failure to maintain physical requirements. Regardless of why, administrative separation can have serious consequences for military service members, such as the ending of a person’s career and income, as well as the potential loss of any benefits.

When a military service member is recommended for administrative separation, they may first participate in a formal counseling session where their deficiencies are discussed. They may be given a reasonable period of time to correct those deficiencies before action is actually taken to remove them from military service. If it is determined that separation is necessary, that member will be discharged under Honorable, General under Honorable, or Other than Honorable (OTH) conditions. How you are discharged makes a difference.

If OTH is recommended, or you have contributed six or more years of active and/or reserve service, you are entitled to due process through the Administrative Separation Board, where the case recommending your separation will be made. This is where you can fight the action against you, whether that means you want to stay in the military or you should be discharged under Honorable or General under Honorable conditions. Any military service member entitled to a Separation Board is also entitled to legal representation.

Joseph H. Low IV is a former U.S. Marine and a dedicated Long Beach military defense attorney who is committed to representing U.S. military men and women around the world fight against unjust administrative or criminal actions against them. After serving honorable for 8 years in the Marines, Attorney Low continues to serve his country by helping the military men and women who have carried on the torch.

To discuss your particular situation with the legal team at The Law Firm of Joseph H. Low IV, call us at (888) 454-5569.

Posted in: Military Defense

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