Military Administrative Separation (AdSep)

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This video provides an overview of administrative separation (AdSep), specifically the AdSep board hearing.

The Administrative Separation (AdSep) Board is basically an employment hearing. There are three military members that make up to board. These members make recommendations to the Separation Authority (typically the first flag officer in the service member’s chain of command).

The first recommendation for Administrative Separation (AdSep) is whether or not the basis for the AdSep has been met. For example, if the AdSep is for a “Pattern of Misconduct,” there needs to be two documented instances of misconduct. If the government can show this, than the basis for a pattern of misconduct has been met.

The second recommendation for Administrative Separation is whether the service member should be separated from the service before the end of their current contract or retained in the service.

The third recommendation for Administrative Separation (AdSep) is the service member’s characterization of service, if the board members recommend separation. This characterization can be Honorable, General (Under Honorable Conditions) or Other Than Honorable. This characterization is based on the misconduct and performance of the member during the CURRENT enlistment.

The final recommendation is whether or not to suspend the separation of the service member for up to twelve months. It is equivalent to a probation period. If there is additional misconduct during that period, the Separation Authority can lift the suspension and immediately separate the service member.

Characterization of Service
One of the main concerns when faced with administrative separation is the characterization of service and associated benefits. Here are the three (main) characterizations of service available when facing Administrative separation:

- Honorable
- General (Under Honorable Conditions)
-Other Than Honorable

(-Bad Conduct Discharge - NOT APPLICABLE - Applicable when facing Special Court Martial)
(-Dishonorable Discharge - NOT APPLICABLE - Applicable when facing General Court Martial)

For a military law legal consultation call (855) UCMJ - LAW / 855-826-5529

OR

Schedule a military law legal consultation at:

Military Defense Litigator, LLC
Steven J. Goralski, Esq.

Military Lawyer
Military Lawyer Jacksonville NC
Military Lawyer Fayetteville NC

This video is not legal advice and is only for educational purposes. Reach out to an attorney for legal advice.
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I got kicked out of the navy for weed aka positive drug test when I was 19. They gave me an honorable discharge because of my evals were 3.6 but they changed it to a oth 25 months later after I requested a replacement. 10 years after discharge I became eligible for a waver to go back in. I had married and finished college so I went joined the navy reserve. Eventually the board for corrections changed my initial discharge to a general discharge even though I don’t think it should have been changed in the first place.
You never know what life will bring so don’t let a funny discharge define who you are or who you can become. I had friends that received an OTH and they thought they would never find a good job and didn’t. I didn’t think anyone cared if I smoked weed, I wasn’t ashamed of it, and nobody cares about military discharges. They didn’t care to the point that weed is legal now.

johnathonmullis
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10 years, adsep for failing urinalysis (beer) on my birthday while in Sarp. Learned alot but lost myself along the way. Excited for the uncertain future

chopperz
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May you make a video for an honorable discharge process?

asiamay
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I'm being ad separated and literally none of this happened. He just said your out tough luck buddy. Was given a 45 day response time and responded within a week.

robertom
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Was given my Adsep notice 9 days ago. Waiting for official sep orders

CWS
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going to get AdSep due to me not able to adapt to military environment. I just can't meet the level of high standards the military and I'm still in A-School here in Great Lakes been here for only 4 months since bootcamp. Legal told me about im about to be let go in ELS due to Unability to adapt navy environment. actually my command executive officer already told me about this one and i'm actually fine with it.

tuffjuice
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What I get from this video is 2 things service is voluntary 2 military law is not a court of law and is not recognized in civil court.

truckerownerops
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Even though the military allows you in, you're treated wrong with fraudulent entry. Adsep. Voided enlistment. Mst.

jayliel
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I might get an adsep here soon for failing body composition standards. Other than that and refusing to go to the promotion board because I refuse to get go after they took my promotion status away for failing said body comp standards ive been a pretty good soldier. I have two rotations and two deployments under my belt. Have done lots of positive things in my six years as 68W. Always score above a 500 on my PT test, and I never cause any trouble or have gotten into trouble and I have only a year left anyways until my ETS. I personally still find it ridiculous that people that are much less competent than me in pretty much everything (except being less fat than me) and getting into trouble constantly still get promoted to E-5 and E-6 while i’m stuck as a SPC for being 1% over.

djfive-seven
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A questions was asked about whether or not it is possible to receive a honorable characterization of service at an administrative separation hearing?

Yes. Although it is possible, it is VERY difficult to obtain.

In the video it states that there are a number of recommendations the board members are making to the separation authority. The characterization of service is the three recommendation the board members have to make. The first recommendation is, has the basis for separation been met. In other words, if a service member is being processed for separation for drug abuse, do the board members believe that the servicemember illegally used, possessed, sold, . . . drugs. If they determine that the servicemember committed such conduct, they will determine that the basis for separation has been met. The second recommendation is whether the service member should be stay in the military or separated. If they determine the service member should be separated, then they go on to the third recommendation, characterization of service. There are three characterizations of service to choose from including honorable, general (under honorable conditions) and other than honorable. Here are the different characterizations of service from MCO 1900.16 :

Honorable - "Honorable characterization is appropriate when the quality of the Marine’s service has met the standards of accepted conduct and performance of duty for military personnel." MCO 1900.16 para 1004.2.a.(1)

General (Under Honorable Conditions) - "This is the second highest quality of characterization and is appropriate if the Marine’s service has been honest and faithful, but significant negative aspects of the Marine’s conduct or performance outweigh positive aspects of the Marine’s military record." MCO 1900.16 para 1004.2.b

Other Than Honorable - "OTH is appropriate when the basis for separation is commission or omission of an act that constitutes a significant departure from the conduct expected of a Marine. Examples of factors that may be considered include, but are not limited to: the use of force or violence to produce serious bodily injury or death, abuse of special positions of trust, disregard of customary senior-subordinate relationships,
acts or omissions endangering the security of the Marine Corps, deliberate acts or omissions seriously endangering the health and safety of others, and drug abuse." MCO 1900.16 para 1004.2.c

So once the board members are at the characterization of service recommendation, they have already determined that the basis for separation was met, and that the service member should be separated. When they review the various characterization of service definitions, a person can see that recommending an honorable characterization of service is VERY difficult at this point. Many times the defense attorney will advocate for a general (under honorable conditions), in order to retain most benefits for the service member AND not lose credibility with the board members (by advocating for an honorable, in light of the facts). The key is to attack the basis for separation (and advocate the service member stay in the military), so the board members do no get to this recommendation (e.g. -the drug use was unknowing, therefore basis is not met. If the board members agree, basis was not met, the service member says in the military and the board members do not get to the second and third recommendations.)

(This is not legal advice. This is a brief overview of the process and not an in-depth explanation of EVERY possible factor and outcome in the process.)

MilitaryDefenseLitigator
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Kind of a weird question but I was given a General Under Honorable Discharge for failing the PFT. I was not ADSEP'd I finished my second contract after 8 years. My BC changed my characterization of service from honorable to general 2 days before my EAS. I have multiple commendations for serving honorably. What are the chances I can get that upgraded to honorable?

USMCDOGOFWAR
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I was given a AdSep for bed wetting onboard ship, ridiculed and harrased by master at arms which I worked under, was transferred from there due to verbal and emotional abuse, went to VA hospitalfor test and nothing physical was found, the medical officer placed me on some meds and recommended AdSep by command, my Commanding Officer recommended my discharge to be considered as honorable which I did receive, I went to the VA hospital in Miami and was told I didn't qualify for any treatments, so I lived my life full of anxiety and depression never having a career or stable employment social life very limited. now I find that I can get disability due to that event in the Navy is that possible?

josefrompanama
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Is it possible to receive an ELS with a meritorious act?

thegrandlevel
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So I was told that I have to pay back FSA cause of my Adsep?? Is this true and if so may you please break down everything I would have to payback because of my adsep

Rebel-equl
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Have you ever seen any cases of people being retained after admin board drug test

willisshields
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Currently going through separation after 6 and a half years. I have been told I can im being adsepped. And its under CO's discretion for admin under honorable. Should I ask for a medboard? If I get an adsep, will I even be able to apply for my disability? Will I get my GI bill..??

AddTomatoes
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Would you have to pay any thing back for being ad separated? My friend got ad separated and we don’t know. He’s curious just like me.

alreyes
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this sounds more nerve wrecking then going to mast

carverkain
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My discharge say honorable under general, I still get benefits?

chrisbonilla
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Would ADSEP in the Reserves void GI Bill benefits earned while on Active duty? DD214 received for first enlistment contract

jmojtab
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