Military Separation Board
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When command recommends that a service member be involuntarily discharged based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative military separation board. An administrative separation hearing offers the service member the opportunity to fight for retention in the military prior to a discharge being issued.
Typically two questions are posed. First, will the service member who is referred for separation actually be separated from military service? Second, if the member is to actually be separated, how will the service member’s prior military service be characterized, meaning what type of discharge will he or she receive: Honorable Discharge, General Discharge under Honorable Conditions, or Other Than Honorable (OTH) Discharge?
A service member is entitled to a board hearing if either the Command seeks to separate him under Other Than Honorable Conditions (OTH) or where the service member, or if enlisted or a Non-Commissioned Officer, he has six or more years of service.
The Time To Hire An Experienced Military Separation Board Attorney Is Now
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. For enlisted men and women, a command investigation may similarly result in the convening of an administrative separation board to verify whether misconduct or nonperformance warrants administrative separation as a possible consequence.
The time to get a lawyer on your side is the day you receive notice that an investigation is underway. Time is of the essence. Preparation is an important part of what it takes to protect your rights.
Why Should I Hire A Private Defense Attorney For My Military Separation Board
Similar to a public defender, a military lawyer that is assigned to your case might have several cases proceeding one time. He or she may not be able to spend the time to become invested in your defense. The attorney that the military appoints to you is a member of the military. He must abide by certain rules when defending you that a private attorney does not have to follow. In addition it often is the case that the military lawyer that is assigned to defend you will have difficulty taking strong positions on your behalf for fear of reprisal from his superiors. However, a skilled private attorney will work to protect your interests, and get you the best possible result in your case.
Why Should I Hire The Carlson Law Firm
At The Carlson Law Firm, we have been protecting the rights of service members for over 40 years. We are a veteran-owned and veteran-operated firm that is headquartered in Central Texas, outside of Fort Hood. Many of our firm partners and associates are former JAG Officers, and have extensive knowledge of the Military Criminal Justice System.
At The Carlson Law Firm you won’t just be another number on a file, we put our clients before ourselves and promise you will receive signature customer service.
Contact The Carlson Law Firm today to schedule a free consultation. We care, we can help.