Military service members may face numerous consequences due to allegations of misconduct or a poor job performance. Provided that the matter is not criminal in nature, the service member may face involuntary separation or discharge instead of other punishments if they failed to meet performance expectations or violated the Uniform Code of Military Justice (UCMJ).
Service members informed of a commanding officer’s decision to involuntarily discharge them may have the option of requesting a hearing in front of the Administrative Separation Board. Administrative Separation Board Hearings involve a three-member panel that reviews documentation relevant to the separation recommendation. The process can involve input from the service member and their lawyer.
Who may be eligible for a hearing when facing discharge?
Lengthy service is required
Generally speaking, only those who have made a protracted commitment to military service are eligible for an Administrative Separation Board Hearing. Service members with at least six years of service facing Other-Than-Honorable discharges are eligible to request a hearing.
During that hearing, the members of the panel determine whether the discharge is appropriate. The presentation of exculpatory evidence or mitigating factors can play a critical role in the hearing process.
In some cases, it may be possible to avoid a discharge and continue a military career. Other times, the best option may be to upgrade the discharge itself so that the service member can pursue a civilian career or continue their education after their discharge from the military.
Working with an attorney familiar with Administrative Separation Board Hearings, discharge terms and military law can help service members protect themselves. Those who have committed to their service and who worry about the impact of an involuntary discharge can potentially exonerate themselves with the right assistance at an Administrative Separation Board Hearing.