The military has a process known as Administrative Separation (“AdSep”) for terminating personnel from their positions. Unlike a court-martial, AdSep is solely an administrative process with no punitive elements. During AdSep, the only questions are whether you plan to continue serving in the military and how your service will be classified in case of separation.
AdSep does not involve losing rank or pay, being placed under restriction or being transferred to the brig. Furthermore, you are not eligible for a Bad Conduct Discharge during AdSep.
About the AdSep process
Receiving official notice that you are being processed for AdSep is the initial stage of the AdSep procedure. The notice letter from your commanding officer will include the reason for the suggested separation. The notification will also include a copy of your Soldier Record Brief’s (SRB’s) right side, the evidence against you and an acceptance of rights form.
If you have served on active duty for more than six years, or if your command has informed you that you may be eligible for an “Other Than Honorable (OTH) Discharge,” you have the right to a board hearing instead of just filing a paper rebuttal. This is because an OTH discharge can have serious repercussions, and in some situations, you may automatically qualify for a board hearing. You could lose almost all post-service benefits, such as the GI Bill and many VA benefits if you receive an OTH discharge. Additionally, an OTH discharge may impact your future job opportunities.
You may receive a characterization of service if it is determined that you will be separated from the military following the AdSep procedure. In addition to OTH, a characterization of service is classified as either Honorable or General.
While it is possible to represent yourself when facing an AdSep Board, it is highly recommended that you seek assistance from someone with extensive knowledge in military law. There is simply too much at stake to risk making a misstep in this regard.