What Is Adverse Administrative Separation?

An adverse administrative separation occurs when a service member’s chain of command seeks to discharge them from the military due to alleged misconduct or substandard performance. This process can have serious consequences for your military career, future employment, and VA benefits.

If you’re facing involuntary administrative discharge, you have rights – including due process, the right to respond to allegations, and the ability to challenge the proposed separation.

Can I fight an Administrative Separation Board?

Yes, you definitely can fight an Administrative Separation (ADSEP) Board. If you are being directed to show cause retention and are facing a discharge that could result in an Other Than Honorable (OTH) characterization you are legally entitled to a board hearing to defend your career. Additionally or if you have six or more years of service you are also entitled to an AdSep board hearing.

An AdSep board is an administrative process, which is different from a court-martial, but the stakes are nearly as high: the outcome can affect the benefits you earned with your good service, to include your GI Bill, other VA benefits, and your future employment.

Why You Need an Experienced Military Defense Lawyer

Hiring an experienced military defense attorney can significantly impact the outcome of your separation board. Attorney Peter Kageleiry, Jr. has successfully defended numerous service members facing administrative separation due to misconduct, substandard performance, and other adverse actions. When you ask “Can I fight an Administrative Board Hearing,” your next question should be where can I find an experienced military lawyer to fight for me.

“Thanks to Mr. Kageleiry’s advocacy, I was exonerated. He was well-prepared and convinced the board that I had not committed any misconduct.” — Former client testimonial

Fighting an Administrative Separation Board

1. The Three Questions the Board Must Answer

To win the board, Mr. Kageleiry’s defense typically focuses on influencing the board’s recommendations regarding the following three questions:

• Is there a basis for the misconduct? Did the misconduct or performance issue actually happen?
• Should the board recommend separation? Even if you did something wrong, what justification does the board have regarding your overall record and potential for future service to retain you in the military?
• What should the characterization be? If the board recommends separation, what characterization of service does the board recommend: Honorable, General (Under Honorable Conditions), or Other Than Honorable (OTH)?

The board’s answers have long-term implications for your career and benefits. A skilled attorney fighting on your side can make all the difference.

The board consists of three members – typically two officers and one senior enlisted member – who will determine whether the alleged misconduct occurred and, if so, what type of discharge is appropriate.

2. What Are Your Rights During the Show Cause Board Process?

These are your rights allowing you to mount a full defense:

• Right to Counsel: Although you have the right to retain a civilian attorney at your own expense, you are entitled to a free military defense attorney (TDS, ADC, or DSO).
• Right to Present Evidence: There are several pieces of evidence you can present: your entire military record, including awards, evaluations (EPRs/FITREPs), and also letters of recommendation.
• Right to Call Witnesses: You should have people testify to your character. Additionally you can also have fact witnesses who can provide an alibi/explanation/mitigation for the alleged misconduct or incident at basis for the administrative separation action.
• You Have a Right to Remain Silent: You do not have to testify. You can choose to speak through a “sworn” statement which is subject to cross-examination by the government or board members. Or you can make an “unsworn” statement where the board cannot ask you questions.

3. Some Common Strategies to Fight Separation

• Retention Argument: You admit a mistake was made but argue that your years of good service, high-performance marks, and specialized skills make you too valuable to lose.
• Challenging the Evidence: In board hearings the burden of proof is lower than in a criminal trial. Boards use a “preponderance of the evidence” standard (meaning “more likely than not”).  However, the defense can still point out flaws, hearsay, or lack of corroboration in the command’s case.
• Procedural Error Defense: The defense can argue for the case to be dismissed if the command failed to follow the specific regulations for your branch. This strategy is rarely successful by itself, but can be helpful to the defense’s overall case
• What about a Conditional Waiver?  Your lawyer might negotiate a deal where you agree to leave quietly in exchange for a guaranteed General Discharge, which preserves most VA benefits except the GI Bill.

4. Key Deadlines

Once you receive your written notification of separation, you typically have a window to elect your rights and request a board. This deadline varies by service. Do not sign the acknowledgment form without speaking to an attorney first.

Separation Boards for Enlisted Members: Know Your Rights

Enlisted service members with six or more years of service are entitled to a separation board hearing. Take the board as an opportunity to fight back. The board is an opportunity to present evidence countering the alleged misconduct, Offer proof of good military character and performance, and cross-examine witnesses and call your own

The Administrative Discharge Process Explained

Most adverse administrative separations follow prior actions like:

• Article 15 / Nonjudicial Punishment (NJP)
• GOMOR, Letter of Reprimand (LOR) or Counseling
• Captain’s Mast findings

However, a previous adverse action like a GOMOR or Captain’s Mast does not automatically lead to a discharge. The separation board must make its own determination based on evidence presented during the hearing.

Let Attorney Peter Kageleiry, Jr. Defend Your Military Career

Peter Kageleiry, Jr. is a seasoned military law attorney who focuses exclusively on defending service members in:

• Administrative separation hearings
• Court-martial proceedings
• Other adverse administrative actions

He knows how to communicate with board members and present your service in the best possible light. Click here for his Case Results and Endorsements. He can not only help you answer the question “Can I fight an Administrative Separation Board?” but explain how it’s done.

Get Help Now – Schedule a Confidential Consultation

If you’re facing an adverse separation or have been notified of a military discharge proceeding, don’t wait.

📞 Call (757) 504-2815 or 📝 Fill out the online consultation form to speak with The Law Office of Peter Kageleiry, Jr.

Whether you’re stationed in the U.S. or overseas, Attorney Kageleiry is ready to fight for your future.