If you’re a member of the U.S. military, you may have heard of the administrative separation board. Service members can be called to meet in front of the separation board if they are at risk of an involuntary discharge due to misconduct, poor performance, or a physical or mental disability. At Murphy & Price, LLP, we specialize in military law in Colorado Springs. Read on as we share what you need to know about the separation board, then contact us for legal guidance.
What Is the Separation Board?
The administrative separation board is made up of three unbiased, active-duty military personnel who outrank the service member — two commissioned officers and one senior member. When a service member is at risk of involuntary discharge, they are entitled to a hearing with the board as long as they’ve completed six years of service or if their command wishes they receive an Other than Honorable discharge.
What Is the Board’s Process?
The process of meeting with the separation board is fairly straightforward. The service member in question will receive written notice explaining why they must appear before the board, and they’ll be given the opportunity to provide the board with additional information related to the case. During the meeting, the service member must answer the board members’ questions. There will be a period of deliberation during which the board will decide the service member’s fate.
What Are Your Rights?
Service members are entitled to several legal rights during hearings with the separation board, including the right to:
- Present written statements
- Consult a counsel
- Obtain copies of all relevant documents
- Retain civilian or military counsel
Service members may also waive all their rights during the process.
How Murphy & Price, LLP Can Help
At Murphy & Price, LLP, we understand how daunting it can be to face the administrative separation counsel. Fortunately, you can rely on our law firm to help. We’re highly experienced in the practice of military law, and we can guide you through the process with success. You can trust us to prioritize your case and defend your rights, no matter what. So, if you’re facing a separation board hearing, contact us today for assistance.
