ARMY
NAVY
AIR FORCE
MARINE CORPS
COAST GUARD
WE REPRESENT CLIENTS IN MILITARY SEPARATION BOARDS & ADMINISTRATIVE SEPARATION BOARDS
At Your JAG Attorney, our UCMJ defense attorney is an experienced, reliable, and justice-focused advocate for clients. If you or your loved one is facing proceedings before a military administrative separation board, we are here to help. To set up a fully confidential consultation with our military separation board lawyer, please call us at 305-889-8717, or contact us directly online.
WHAT IS THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ)?
The Code of Federal Regulations, service-specific regulations, and some Constitutional Rights are the foundation of United States military separation boards. These regulations were crafted by Congress and the Armed Forces, and are implemented by the branches of our nation’s armed services. Military administrative separation board proceedings fall under such regulations. Your rights and responsibilities when facing an involuntary separation from the Army, Navy, Air Force, Marines, or Coast Guard are derived from military law.
WHAT IS A MILITARY SEPARATION BOARD/ ADMINISTRATIVE SEPARATION BOARD?
There are multiple forms of administrative separation boards. Based on the specific nature and circumstances of your case, you may be required to go before any of the following:
A Board of Inquiry: A board of inquiry is effectively an alternative to a court martial. You may also hear it referred to as a “show cause” board. It is for officers that are under investigation, and it is composed of officers with a more senior grade.
An Administrative Discharge Board: Most often, a military member who has been recommended for involuntary dismissal from the armed forces will end up before an administrative discharge board.
A Discharge Review Board: There is appeals process under the separation regulations. A military member who has already been discharged/separated may appeal their case to the discharge review board.
KNOW YOUR RIGHTS DURING a Military Board Separation Proceeding
Is your involuntary separation from the armed forces being contemplated? You have important rights. As the case moves forward, you should be notified of your rights in writing. Here are some of the key things to know about your rights regarding military administrative separation boards:
- You have the right to know the factual basis of the case;
- You have the right to know the factual basis of the case;
- You have the right to submit statements in response; and
- You have the right to hire privately-retained legal counsel (Your JAG Attorney).
Understanding Some of the Most Common Grounds for Administrative Separation
The branches of the U.S. military can cite many different alleged violations of the separation regulations when initiating administrative separation proceedings. If you are an enlisted military member or a commissioned officer preparing to go before a separation board, it is imperative that you know exactly what you are facing. Some of the most common grounds for administrative separation in the military include:
- Failure to maintain health/weight standards for a position;
- A substance abuse problem (drugs, alcohol, etc);
- Allegations of poor performance;
- A documented pattern of misconduct; and
- Insubordination.
KNOW THE IMPLICATIONS OF AN INVOLUNTARY SEPARATION FROM THE ARMED FORCES
Simply described, a military administrative separation board proceeding is a commander’s attempt to remove someone from the armed forces with a less-than-honorable discharge. It is crucial that you understand that this type of discharge from the military will have significant adverse implications. Beyond being removed from your position in the Armed Forces, a less-than-honorable discharge could reduce certain previously-earned military benefits and undermine your future employment opportunities.
I needed legal council following an unfortunate series of events. I reached out to a firm who assigned a lawyer to my case how ever the assigned lawyer was horrible and actually didn’t help in anyway. So I sought new council, and this is when I found Jesus Gonzalez. From the beginning I knew he was different, I knew he would deliver and really fight for my freedom. Jesus showed honesty, professionalism, and was extremely knowledgeable regarding my case and the law and I knew I was being represented by the right council. He is responsive, hard working and a great communicator. I highly recommend Jesus R. Gonzalez because he is the best man’s for the job. I would give him 10 stars if that were an option. Thank you Jesus, I appreciate you.
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HOW YOUR JAG ATTORNEY
JESUS R. GONZALEZ
CAN HELP
Serving in the United States armed forces is a true honor. There are few things more stressful than finding out that your command is seeking to involuntarily separate you from your service. You have the right to defend yourself against a separation. Our founding attorney Jesus R. Gonzalez is himself a military veteran, and current Army JAG officer, who is a passionate advocate for justice. With the skills and experience to handle the full range of military administrative separation boards, we are devoted to protecting the rights and future of our clients. Among other things, Your JAG Attorney is prepared to:
- Hear your story and answer questions about the administrative separation board process;
- Investigate the matter, gathering the evidence that you need to defend yourself; and
- Develop a personalized strategy focused on getting you the best outcome.
Contact Our Military Separation Boards/Administrative Separation Boards Attorney Today
At Your JAG Attorney, we are committed to protecting the rights of our clients. If you or someone close to you is facing proceedings before a military administrative separation board, we are more than ready to help. Call us at 305-889-8717, or connect with us online to arrange a strictly confidential, no-obligation consultation. Our JAG lawyer is ready to help you find the best solution.