Reasons For Separation
Typical reasons why a command might wish to initiate a administrative separation
from the military you from service include:
Drug Abuse Rehabilitation Failure
Weight Management/Health Issues
Pregnancy In Enlisted Women
Before the repeal of Don’t Ask, Don’t Tell, homosexuality was
also a reason why soldiers were sought to be separated from service. This
is no longer the case.
Separation Of Entry Level Personnel
For entry-level servicepersons, minor infractions can form the basis of
a separation. Examples include: 1) inability or lack of reasonable effort
or 2) a failure to adapt to the military environment.
Such separations can happen within 3 days of a decision by the authorized
Commander. However, entry level personnel are required to be counseled
before any action for separation can be initiated. The guidelines clearly
note that if you are an entry-level personnel, with less than 181 days
of service, you may not be separated unless rehabilitation efforts have failed.
Before you can be separated, you have to be served a written notice. This
notice will inform you that you may be separated, the reason behind the
possible separation, and the characterization of service recommended.
It is optimal if you engage an attorney at this stage itself. As your
attorney, Joseph Jordan will help you evaluate the evidence in your favor
and advise you of your chances. He will also put together a convincing
docket of records, arguments and evidence, which might prevent your discharge
The characterization of your service has a deep impact on the benefits
you receive, and the employment opportunities available to you after your
military service. Securing the best possible characterization of your
service, at any separation proceeding, is a top priority for Joseph Jordan.
He will analyze available evidence, and put together exceptional mitigating
arguments, to help you secure the best possible characterization of service.
If the length of your active duty exceeds six years, or if the proposed
characterization of your service is to be Other Than Honorable Discharge,
your case would be heard before an Administrative Separation Board. An
Administrative Separation Board consists of 3 senior members. You are
allowed to be represented by an attorney, produce evidence, testify yourself,
and bring witnesses. Typically, command presents its own evidence and
witnesses at such hearings.
Separation Boards have to operate within defined limits. They must actually
find that a majority of the evidence, or the weight of the evidence, warrants
your separation. With the right representation, it is likely that your
separation itself could be suspended, or the characterization of your
service will be favorable.
Administrative Separation from the military occurs in the Army, Navy, Air
force, Marine Corps, and Coast Guard.