Administrative Separation quick overview
Автор: Military Defense Litigator
Загружено: 2022-07-11
Просмотров: 5482
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This video provides an overview of administrative separation (AdSep) (Also known as "being chaptered out" in the Army), 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 positive urinalysis, does the board believe by a preponderance of the evidence (51%, more likely than not), the service member knowingly used the drug they tested positive for.
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)
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Military Defense Litigator, LLC
Steven J. Goralski, Esq.
https://www.militarydefenselitigator.com
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This video is not legal advice and is only for educational purposes. Reach out to an attorney for legal advice.
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