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.

Know Your Rights: Separation Boards for Enlisted Members

Enlisted service members with six or more years of service are entitled to a separation board hearing. This board is your opportunity to fight back. You can:

• Present evidence countering the alleged misconduct
• Offer proof of good military character and performance
• Cross-examine witnesses and call your own

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.

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.

“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

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.

The board must answer three critical questions:

1. Did the service member commit the alleged misconduct (based on a preponderance of the evidence)?
2. Should the service member be separated from the military?
3. What should the characterization of service be (e.g., General, Other Than Honorable)?

The answers to these questions have long-term implications for your career and benefits. Having a skilled attorney on your side can make all the difference.

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.

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.