An administrative separation board is the process required when the command desires to separate an enlisted service member when the enlisted member has either more than six years of total combined (reserve and active) service or when the command wishes the member receive an Other than Honorable characterization of service.
What is a separation board in the military?
An administrative separation board is the process required when the command desires to separate an enlisted service member when the enlisted member has either more than six years of total combined (reserve and active) service or when the command wishes the member receive an Other than Honorable characterization of service.
What is the procedure for administrative separation for army officers?
Army Regulation 600-8-24 and 15-6 dictates the procedure for administrative separations for Army officers. According to the regulation, there are several reasons why an Army officer can be separated from service. All military officers are expected to have proper conduct, a good character and to do their duty to the nation in a dignified manner.
What if the administrative separation Board recommends separation?
If the administrative separation board recommends separation, the board must also make a recommendation as to what the characterization should be, i.e. Honorable, General, Under Honorable Conditions or Other Than Honorable.
What are the regulations governing the separation of enlisted servicemembers?
The most common regulations governing the separation of enlisted servicemembers include: Air Force – AFI 36-3208 (Administrative Separation of Airmen) Army – AR 635-200 (Active Duty Enlisted Administrative Separations)
What does administrative separation mean in the military?
An administrative separation occurs when your commander initiates process of separating you involuntarily from service through a non-judicial process. To put it in civilian terms, an administrative separation is the equivalent of getting fired from your job.
Is an administrative separation honorable?
For administrative separations, a service member can be separated according to one of the following three categories (you cannot receive a dishonorable discharge through an administrative separation): Honorable; General (Under Honorable Conditions); or.
How long does administrative separation take Army?
How Long Does It Take to Get Admin Separated? When the initiating command and the separation authority aren't located in the same region, processing typically takes 30 working days. If a board is required, the action should be completed within 50 working days after notification of separation.
Can you fight an administrative discharge?
Depending on the circumstances, there are several ways to fight the discharge. These include appealing the discharge, disputing the characterization of the discharge or the reason for the discharge and/or the reenlistment eligibility code (RE Code).
Can you rejoin the military after an administrative separation?
You are normally only eligible for reenlistment if you have an honorable discharge. All other discharges than honorable tend to have legal or court martial offenses attached to them. contains the Separation Code, which tells the reason for discharge.
Can you rejoin the military after administrative discharge?
There are several types of discharges that can keep you from re-enlisting in the service, including a bad conduct discharge, an "other than honorable discharge" and a dishonorable discharge. On the other hand, if you received a general or honorable discharge, you may qualify for re-enlistment.
Is an administrative discharge less than honorable?
The final form of administrative discharge is an “Under Other than Honorable Conditions” Discharge. It is the least favorable type of administrative discharge from the Army.
Is an administrative discharge the same as dishonorable?
A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct.
Which of the following is reason for administrative separation?
Other authorized reasons for voluntary separations are; early release to further education, early release to accept public office, dependency or hardship, pregnancy or childbirth, conscientious objection, immediate reenlistment, separation to accept a commission, and the sole surviving family member.
What does administratively discharged mean?
Administrative Discharge is the military's way of “firing” you. It means your branch of service either doesn't have enough evidence of misconduct to punish you with an Art 15 or they are just tired of having you around and want you gone.
Does military discharge affect civilian life?
Having an OTH discharge on their DD-214 means the service member will not be entitled to veteran's benefits and will not be eligible to reenlist. Although an OTH is considered an administrative rather than a punitive discharge, it may have consequences in civilian life.
What is it called when you get fired from the military?
A military discharge is given when a member of the armed forces is released from their obligation to serve.
Is an administrative discharge less than honorable?
The final form of administrative discharge is an “Under Other than Honorable Conditions” Discharge. It is the least favorable type of administrative discharge from the Army.
Is an administrative discharge the same as dishonorable?
A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct.
Is an administrative discharge a general discharge?
There are four types of administrative discharges: (1) Honorable Discharge; (2) General Discharge (under honorable conditions); (3) Other Than Honorable Discharge; and (4) Entry-Level Separation.
Which of the following is reason for administrative separation?
Other authorized reasons for voluntary separations are; early release to further education, early release to accept public office, dependency or hardship, pregnancy or childbirth, conscientious objection, immediate reenlistment, separation to accept a commission, and the sole surviving family member.
How many years of service is a soldier eligible for a separation board?
A Soldier with 8 years of service who the Command is trying to give a GEN is eligible for a separation board. A Soldier with 3 months of service who the Command is trying to give an OTH is eligible for a separation board.
How does the Army separation process work?
Regardless, the separation process begins when the Commander formally counsels a Soldier with the separation packet itself (legal documents and supporting evidence). Separation does not begin when a Soldier starts going to their separation appointments (medical, mental, CIF, etc). It is common practice for the chain of command to require a Soldier to go to their appointments prior to formal initiation of separation. There is nothing legally wrong with this practice.
What happens if a soldier is undergoing a medical separation?
If a Soldier is undergoing a medical separation and one of the separations that is not trumped, then the actions both proceed concurrently and a General Officer picks between the two. The Medical Evaluation Board is usually paused before going to the Physical Evaluation Board.
How many members are on a separation board?
A separation board consists of three board members. One member has to be in the rank of Major or above. If there is an enlisted member, they must be in the rank of SFC or above. The majority of the members will be officers or warrant officers.
How long can a soldier be on probation?
The separation authority can retain the Soldier, separate him/her with any discharge, or suspend the separation and put the Soldier on probation for 6 months or less. A separation authority’s action after the board can be very confusing and it is best to consult with a military lawyer .
What evidence is needed to support separation?
Evidence can include sworn statements, police reports, counseling statements, pictures, text messages, an investigation, etc.
Does separation begin when a soldier starts going to their separation appointments?
Separation does not begin when a Soldier starts going to their separation appointments (medical, mental, CIF, etc). It is common practice for the chain of command to require a Soldier to go to their appointments prior to formal initiation of separation. There is nothing legally wrong with this practice.
What is the first step in the process of determining whether you will be allowed to remain on active duty?
For officers, being notified of a board of inquiry is the first step of the process to determine whether you will be allowed to remain on active duty, and with your career on the line, you need an experienced defense attorney’s help.
What happens if you are discharged from the military?
For career military men and women, an involuntary discharge can be a more severe punishment in the long run than going to the brig. If you are facing involuntary separation or discharge as a disciplinary action, you face the loss of your career, reputation, pay and future benefits. An involuntary separation often results in an other-than-honorable ...
How many years of service does an administrative separation board have?
An administrative separation board is the process required when the command desires to separate an enlisted service member when the enlisted member has either more than six years of total combined (reserve and active) service or when the command wishes the member receive an Other than Honorable characterization of service.
What is required finding of the members at a board of inquiry or enlisted administrative separation?
The required finding of the members at a board of inquiry or enlisted administrative separation is first to determine if by a preponderance (more likely than not) of the evidence the misconduct was committed by the “respondent.”. The “respondent” is the term for the person facing elimination or separation. If the board concludes the respondent ...
What is a board of inquiry?
A board of inquiry (BOI) is the process by which a commissioned officer can be eliminated from the service administratively. A board of officer can be initiated by the command’s action, but can also be initiated by the centralized personnel resources section of the branch of service. The Army’s Human Resources Command (HRC) and other branch equivalents initiates an elimination proceeding against an Officer that is found to have “bad paper” in the Officer’s official file. Examples of “bad paper” that would generate an elimination action include letters of reprimand (GOMOR), a relief for cause evaluation report, or any “referred” evaluation report that includes derogatory information.
What are the rights of a military counsel?
The rights to counsel before a board of inquiry closely mirror those for a court-martial: the right to detailed (assigned) military counsel at no cost, the right to hire civilian counsel at the Officer’s cost, and the right to both working on the case.
How long does it take for a board to respond to an elimination notice?
In most cases, the Officer has only thirty (30) calendar days to respond to the initial notification of elimination proceedings. Typically, after notice that a board will be convened, the board must occur within ninety (90) days.
Can a member easily obtain an upgrade to their discharge?
The notion that the member can easily obtain an upgrade to their discharge is inaccurate; upgrades to discharge are increasingly difficult to obtain and the service boards presume that the characterization from the original discharge is correct and just.
What is insubordination in military?
Insubordination; A pattern of misconduct; Drug abuse; A civilian criminal conviction; Weight or health issues; and. Poor Duty Performance. If your command seeks to separate you, it is required to notify you in writing of the basis for the separation and the recommended characterization of service.
How many years of service do you have to have to be in the military?
If you have more than six years of total active military service, or if the basis of your separation is for homosexuality or the recommended characterization of service is Other Than Honorable, you are entitled to have your case heard by an Administrative Separation Board.
Can a board recommend separation?
However, the Board can also recommend the separation be suspended.
What is the Army Regulation for Administrative Separations?
ADMINISTRATIVE SEPARATIONS – ARMY (OFFICERS) Army Regulation 600-8-24 and 15-6 dictates the procedure for administrative separations for Army officers. According to the regulation, there are several reasons why an Army officer can be separated from service. All military officers are expected to have proper conduct, ...
What is the purpose of a separation board?
The board of inquiry is responsible for ensuring that the hearing is fair, balanced, and does not favor a particular party. The board contains a minimum of three voting members, a recorder, a counsel for respondent, and a legal advisor. The outcome of the inquiry must be submitted to the Board of Review, along with the rebuttal of the respondent, if any. Once the Board of Review goes through it, they convey their recommendations to the Secretary of the Army, who is responsible for the final decision. If the officer wishes to be retained, he must show proof for retention in the Army.
What is DD 256?
An Honorable Discharge Certificate (DD Form 256) is given to officers who are being separated from the United States Army with honor. This is generally given to officers, who have proved to be an asset to the army, and have demonstrated appropriate behavior. The army also takes into consideration their grade and capabilities.
What happens if an area commander does not find enough evidence to separate from the commander?
If the area commander does not find enough evidence indicating a separation, he may choose to close the case and give it back to the recommending commander.
Why does an officer fail to provide appropriate instruction at training schools?
The officer fails to provide appropriate instruction at training schools due to lack of leadership or academic qualifications, The officer does not want to put an extra effort, and displays a bad attitude towards other personnel . The officer does not progress as required in the military's weight control program.
Can non probationary officers be retained?
In the case of non-probationary officers, they are entitled to a board, and are also allowed to show cause for retention. Higher authorities may decide to retain the officer, at which point, all the elimination procedures must be terminated, until a decision is made.
Who decides whether you should be separated?
The Separation Authority, usually your Battalion or Brigade Commander, or the Commanding General (depending on the type of chapter and the proposed characterization of service) decides whether you should be separated and, if so, what type of discharge you will receive.
How long is accrued leave?
Payment of up to 60 days accrued leave is authorized for soldiers separated with a fully honorable or general discharge. A soldier separated under other than honorable conditions is not paid for accrued leave, nor is accrued leave credited toward any outstanding debts owed the government.
What is a DD214?
On separation, a service member’s DD 214 is annotated with a re-enlistment code. RE-1 indicates eligibility to re-enlist. RE-3 requires a waiver for re-enlistment ; and RE-4 indicates the member is not eligible to re-en list. A soldier separated as a result of a court-martial or separated under Chapter 10 receives an RE Code 4. This fact sheet is not intended to constitute legal advice and is not a substitute for speaking with a defense attorney.
Does the ADRB make decisions on the Montgomery GI Bill?
No not necessarily. The ADRB does not make decisions on policies and procedures related to the Montgomery GI Bill. Your local Department of Veterans Affairs can assist you with such matters.
What to expect when facing an administrative separation board?
What to Expect When Facing a Military Administrative Separation Board (ASB) There may come a time in the life of a serving enlisted military member when he or she is being processed for an involuntarily discharge from the military. There can be many reasons (“bases”) why an administrative discharge may occur, and each are no doubt extraordinarily ...
What type of evidence is admissible in administrative separation?
What Type of Evidence Typically Comes into an Administrative Separation Board? First and foremost, “hearsay” is absolutely admissible. Unlike a court-martial, there is no right to confront your accuser in person. Even so, the government must still “convincingly prove” the allegations by a preponderance of the evidence.
What is the discharge of an enlisted soldier called?
In any case, the enlisted member being considered for discharge is always called the “Respondent.”. The government representative is termed the “Recorder.”. The so-called “Notification of Separation Memorandum” is like a charge sheet, and its “bases” must describe the specific allegations being brought against you.
How many members are in the ASB?
ASB’s are comprised of three active duty military members superior in rank to you. Specifically, two commissioned officers and one senior enlisted member. Notably, if you are a minority or a female, you can ask for a minority or female member.
How many years of active duty do you have to be in the army to be eligible for a board hearing?
You will be entitled to a board hearing, as opposed to merely submitting a paper rebuttal (1) if you have more than 6 years of active duty service or (2) if your command has notified you may receive an under “Other Than Honorable (OTH) Discharge.”.
Why is it important to keep in mind that each branch of service has different retention factors?
It is critically important to keep in mind that each branch of service has different “retention factors.”. It is absolutely critical to understand what they are , in your case, and how to utilize the best strategies to achieve a successful outcome related to them.
Is a separation board criminal?
Separation Board Prosecutions are Not Criminal. The prosecution of a military separation board works differently than from a normal court of civil law. Again, the ASB is made up of three different [non-lawyer] members that are all senior in rank to the Respondent.
