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Separation from the military for substandard performance

On Behalf of | Jul 9, 2024 | MILITARY LAW - Military Law

In the context of an officer’s separation from the military, “substandard performance of duty” can have devastating repercussions on their future – both personally and professionally.

If an officer receives any discharge other than honorable – including a general discharge – as a result of the allegations, they may forever be haunted by the stain on their record. That can limit their ability to launch a successful post-military career and prevent them and their family members from receiving important benefits.

What does “substandard performance” mean?

Substandard performance of duty in the military generally refers to an officer’s failure to meet the standards and expectations associated with their role. This can include:

  • Consistently poor performance evaluations, over multiple assessment periods with no sign of improvement despite ample feedback and opportunities
  • The inability to motivate or lead their subordinates, which can manifest as low troop morale, decreased cohesion in their units and overall poor unit performances
  • Poor tactical or strategic decision-making or neglect of safety protocols that put military missions or personnel in danger or results in actual harm to military personnel
  • Failure to follow procedures, whether that means submitting incomplete or incorrect reports, the creation of serious security risks or a demonstrated lack of respect towards their superiors
  • Unethical behavior, such as the misuse of government property or failing to disclose conflicts of interest that compromise (or could compromise) their decision-making abilities
  • Failing to meet physician fitness standards, medical noncompliance, drug or alcohol addiction and behavior problems that may be associated with mental disorders

Many of these situations are judgment calls, and anybody’s judgment can be faulty. If you’re an officer who believes that your discharge designation is unjust, you do have the right to appeal – but it’s critical to document your side of the story. Legal representation can help you submit an appropriate and timely appeal to the correct review board – and increase your odds of success.