AdSep from the Navy
Am I at risk for AdSep from the Navy?
There are several ways the Navy involuntarily separates people for poor conduct. A Sailor can be at risk for Administrative Separation from the Navy if they are punished for minor infractions. AdSep from the Navy can also result from a pattern of misconduct or commission of a serious military or civilian offense. Understanding the process helps Sailors know how to fight an Administrative Separation from the Navy. MILPERSMAN 1910-202 guides commands on AdSep in the Navy.
For the lesser conduct offenses, the Navy attempts to correct the behavior of the service member through a series of formal punishment and counseling. The Navy starts administrative proceedings against a service member after levying two or more nonjudicial punishments (NJP). A courts-martial or civil conviction are both equal to NJP for purposes of determining whether AdSep from the Navy is appropriate. The Navy can also begin separation proceedings if a Sailor has three or more unauthorized absences in which each absence is more than 3 days, but less than 30 days. A set pattern of failure to pay debts, a set pattern of failing to support dependents, or failure to comply with court orders regarding dependent support can also result in AdSep from the Navy.
According to the Navy MILPERSMAN, Service members may be separated based on the commission of a serious military or civilian offense when “the offense would warrant a punitive discharge, per reference (a), appendix 12, for the same or closely related offense. b. Commission of a serious offense does not require adjudication by nonjudicial or judicial proceedings; however, offense must be substantiated by a preponderance of evidence (e.g., copy of police record, Naval Criminal Investigative Service investigation, etc.). c. Sailors who lose their ability to carry or handle weapons in the performance of their duties due to a qualifying conviction for misdemeanor crimes of domestic violence (DV), per reference (b), section 922(g)(9), must be processed for separation for the corresponding DV incident(s).”
What does the Navy have to do before they execute an Administrative Separation from the Navy?
A member must have violated a NAVPERS 1070/613 warning or other form of counseling as explained in MILPERSMAN 1910-202 prior to processing an administrative separation from the Navy. The typical correct sequence is NJP, counseling, then NJP.
A sailor at risk of Navy AdSep due to serious misconduct, should be well aware of the accusations well before the separation action happens because the action would follow either a command directed 15-6 investigation or a military law enforcement investigation. Sailors should retain counsel as soon as possible when under investigation. An experienced attorney can help guide the Sailor through the investigation process so as to better protect their interest. An experienced military lawyer can help mitigate the damage wrought by a poorly executed investigation.
How long does it take for a Sailor to be administratively separated?
If a Sailor has less than six-years of service and is not entitled to a separation board, the Navy can separate a Sailor within 15-days. If the Navy intends to separate them with an Other Than Honorable discharge, also known as OTH, that Sailor is entitled to a AdSep Board regardless of time in service. If a Sailor waives their right to a board, the Navy can also complete the separation within 15-days.
If a Sailor is entitled to an administrative board, the Navy can hold the board within 45 working days of notification. According to MILPERSMAN 1910-202, the Navy has to notify the Sailor in writing that the Navy intends to conduct an Administrative separation board.
How do you fight an AdSep from the Navy?
If a Soldier has to fight an AdSep from the Navy, they should first determine their rights and whether they are entitled to an AdSep Board. An AdSep Board affords a Sailor the opportunity to defend themselves with the assistance of either detailed military counsel provided by the Navy or an experienced military lawyer at their own expense. An experienced military AdSep lawyer understands the process, how the military culture works, and how to present evidence before the board on behalf of the accused. The successful results can range between winning the AdSep Board outright and retaining your career, to keeping your military retirement and honorable discharge, or avoiding a punitive discharge that invalidates your benefits. An experienced military AdSep lawyer can increase a Sailor’s chances of obtaining a better outcome because they know how to fight against Administrative Separation from the Navy.