The Colorado attorneys at Elkus, Sisson & Rosenstein are experienced in representing military clients before separation boards. If a commander has recommended you for administrative separation, you still have rights. Before being separated from the military, you may be entitled to an enlisted separation board to plead your case. Our attorneys regularly work with clients in these situations.
Military members can be recommended for separation for a wide variety of reasons. Anything that would make a member ineligible for duty, from not meeting certain requirements to various types of misconduct, can lead to a recommendation of this kind. An administrative separation may also be used in lieu of a court martial proceeding when a member is accused of certain types of misconduct.
Certain military members are entitled to an enlisted separation board before being released from the military. Any enlisted member that has served more than six years or is facing an Other than Honorable discharge is entitled to the due process of a administrative separation board.
The military alerts you that you are facing an administrative separation by sending an Administrative Separation Processing Notice. This notice also gives you an explanation as to why separation is being recommended and the chance to waive certain rights, such as your right to counsel. Although, in some cases, you may be appointed counsel, you should seek the advice of a seasoned private attorney to have the best chance of a favorable outcome. If you have received this type of notice, it is imperative to consult with an attorney as soon as possible in order to ensure that your rights are preserved. These types of separation boards can be scheduled fairly quickly, sometimes within 20 days, and an attorney will need time to investigate and build a case on your behalf. If you are entitled to a hearing in front of an enlisted separation board, you may have to make a request for an actual hearing after receiving this letter. The attorneys at Elkus, Sisson & Rosenstein are experienced in the intricacies of dealing with these notices and will work with you to ensure that you receive the due process you deserve.
After requesting an enlisted separation board, a hearing date will be scheduled. The board will consist of three military members who are usually a mix of officers and senior enlisted. The hearing is in essence a summary trial, where you can present evidence, take the stand, call other witnesses and conduct cross examinations. You will be facing a military attorney who is representing the government in your case and it is therefore important to have a skilled advocate on your side. The government must prove, by a preponderance of the evidence or more likely than not, that you committed the misconduct you are accused of, that you should be separated and the character of the discharge you should receive. If there is a chance that you might be retained, we will usually make a case presenting you as worthy of keeping your position. If there is no or little chance that you will be retained, we will work to get you the most favorable discharge possible.
Enlisted separation boards are a serious matter. Being administratively separated in this way can have long term effects on your life including your ability to find civilian employment, to enlist in another branch of service and receive veteran’s benefits. It is in your best interest to retain a qualified attorney to represent you before these boards. We represent those in all branches of the military and will travel to you. Contact the Denver and Colorado Springs attorneys at Elkus, Sisson & Rosenstein today by calling (303) 567-7981 for a free consultation.