Military officers and personnel may face involuntary separation boards and charges. The dishonor and hopelessness the situation brings are indescribable.
It’s an honor to be a part of the military service and serve as an active-duty military member. Moreover, serving full-term enlistment is also a great way to have a stable career with benefits (like medical benefits and pay) that can assist you over a lifetime. But things don’t always go as planned. Sometimes commissioned military officers and personnel may face involuntary separation charges that jeopardize their expectations and dreams. The dishonor and hopelessness the situation brings are indescribable. However, this is where military officers must understand the actual value of legal representation.
If you have been recommended for involuntary separation, then contact us. At Military Law Firm, we have a team of experienced attorneys specializing in involuntary separation cases. We are strongly committed to providing you with the aggressive and detail-oriented legal representation needed to salvage your reputation, future, and livelihood. Schedule a no-obligation consultation with our military involuntary separation attorney today.
Involuntary Separation – Common Violations
A military officer may be notified of involuntary separation if the military cites a violation of the UCMJ (Uniform Code of Military Justice). Some of the commonly cited violations for involuntary separation are:
Inability to Maintain Weight and Health Standards
As a military officer, you must be physically fit and have a healthy weight. However, if you fail to meet the expected fitness standards, you’ll be asked to join a rehabilitative program for fitness. Furthermore, your commanding officer may recommend involuntary separation if you still can’t meet the requirements and your fitness impacts your job duties.
Documented Misconduct
Misconduct by military officers can result in a lack of promotion and involuntary separation. Misconduct can result in substance abuse, drug consumption, or behavioral issues.
Poor Performance
You are expected to perform to the best of your abilities as a military service member. You must execute assigned duties flawlessly, maintain a specific decorum, and participate in the activities as required by your commanding officer. Failure to do so can also lead to the initiation of involuntary separation.
Criminal Charges
Sexual crimes and physical assaults against a civilian or a military service member can deem the officer unsuitable for military service. This can also result in involuntary separation.

Personality Disorder
When a military service member is diagnosed with a personality disorder and shows signs of like generalized anxiety and depression, they may be referred for a psychiatric review. If the mental health of the military officer is deemed unsuitable, it can further lead to involuntary separation proceedings.
No matter the cause of involuntary separation, it can severely affect you and your future life. It can end your military career and benefits. But you don’t have to give up and become hopeless. If you have been notified of involuntary separation but know that the charges are wrongful or unjust, then it is crucial to seek legal representation. Hire an experienced military administrative separation attorney who can fight hard and aggressively protect your reputation, honor, career, and future at stake. The appointment of an Administrative Separation Board for separation assessment and the decision doesn’t mean you should adhere to their verdict and get separated. At this point, it is truly essential to understand your legal options and rights. And this is what we can help you with. We ensure that your legal rights are well-protected and that justice is served.
Types of Discharge
In general, there are multiple military discharge types. Each of them has a different meaning and can have a significant effect on your benefits and employment after service. So, the discharge characterization matters the most when it comes to involuntary separation. Characterization of service is predominantly based upon the service quality of the service, including the separation reason. Here are the discharge types:
Honorable
Active-duty service members usually get honorable discharge once they complete the duty tour and if their services meet and exceed the personal conduct and duty performance standards. Such military officers are eligible to receive a full array of military benefits, including participation in the Montgomery GI Bill and Veterans’ Administration disability compensation.
General under Honorable Conditions
General, Under Honorable Conditions, discharge may be given to military members whose services are satisfactory but are involved in performance or conduct that was not meritorious to offer an honorable discharge. Though these service members receive VA dental and medical benefits, home loans, and burial services, they don’t receive educational benefits.
Under Other than Honorable Conditions
According to AR 635-200, Other Than Honorable Discharge is recommended when the military officer fails to conduct how a service member is expected. The departures include:

- Substance abuse
- Violent behavior
- Disregard for superior subordinates
Active-duty service members who receive involuntary separation notices with OTH discharge are barred from being enlisted into other armed force components. Furthermore, most veteran benefits are unavailable to them. They are also automatically lowered to E-1 per the Army Regulation provision 600-8-19. However, punitive discharges are only given once the court-martial declares the military officer guilty.
Bad Conduct and Dishonorable
Under bad conduct & dishonorable discharges, the officer has been stripped of all military benefits administered by the VA department and the military. It also adversely affects the military officer’s prospects for future employment, social acceptability, and economic and schooling opportunities.
Why Hire Our Involuntary Separation Attorney?
If you have over six years of active-commissioned service or a high chance of receiving dishonorable discharge or Other than Honorable (OTH) characterization, in that case, you are entitled to an involuntary separation boards hearing. Hence, hire our attorney immediately when notified of an involuntary separation. It is crucial to defend your case because the punishment you face for the charges will differ from the civilian counterparts. It goes beyond fines, penalties, and imprisonment. You will likely lose all your benefits and face difficulties when taking out loans or seeking employment.
Our attorney experienced in military law can:
- Approach a board hearing well-prepared
- Help combat charges
- Protect your freedom and future
- Help avoid administrative separation penalties
- Assist you with taking complete advantage of your legal rights
- Challenge evidence validity presented against you
- Help you gather available exculpatory evidence
Remember that this legal representation is your right which you must exercise when your pride and future are at risk, especially if you’ve served your country honorably.
Here’s what you can expect from our involuntary separation boards attorney:
During a service member’s proceeding for involuntary separation, the administrative separation boards must prove whether the evidence available shows that misconduct occurred. This is where our attorney can challenge the available evidence and seek a ‘no-basis’ ruling to effectively dismiss the case in your favor.
Additionally, we help you understand your legal rights and navigate through the case confidently. Legally, military officers have numerous rights. They have the right to:
- Consult a military counselor
- Access copies of the documents being sent to the separation boards
- Have a separation board hearing
- Provide written statements
Moreover, military officers also have rights at the separation board hearing, which they or their attorney can exercise. These include:
- To come in person (without or with counsel)
- Submission of written evidence for consideration by the involuntary separation boards
- Request witness attendance
- Question witnesses who appear during the hearing
- Challenge voting members for the cause
- Present argument before the case is closed
Put simply, with our legal expert representing your case, you can rest assured that the outcome will be positive. We work relentlessly to defend your case and preserve your honor. Our military involuntary separation law attorney performs a comprehensive review of the charges and separation board documentation related to your case, along with your career file as a military officer. All this further enables us to:
- Determine the best available defenses
- Pinpoint involuntary separation board case weaknesses
- Identify potential conflicts and biases
The priority of our attorney at this point is to ensure that the involuntary boards is impartial and fair. We strive to prevent involuntary separation by leveraging our wealth of experience in military law, legal expertise, and knowledge. Furthermore, if you’re eligible for retirement, our legal expert also argues with the board members to help you retain the highest pay grade.
We do this by working with you cohesively. Although you have the right to due process, which means that it is the US government’s responsibility to prove the allegations against you and that you don’t have to collect exculpatory evidence, our expert nonetheless gathers evidence needed to prove your innocence. This step is crucial because such evidence can significantly increase your chances of defense.
At Military Law Firm, our attorney identifies service members, coworkers, and individuals who can serve as witnesses and support your case. We go above and beyond to serve you. Our legal expert also assists you with compiling a military career file. This includes:
Gathering documents about your military service that prove that you genuinely deserve retainment or that can help dismiss allegations related to misconduct and poor performance. A good example is a commanding officer who unfairly recommends involuntary separation proceedings because of a personal grudge. In such a scenario, your military career file can have evidence that disproves the allegation made by the commanding officer and helps preserve your honor while clearing your Name.
Also, if separation can’t be avoided, in such a scenario, we help military officers receive the best characterization. This further helps avoid long-term penalties, which can otherwise result from OTH or dishonorable discharge.
Our attorneys are dedicated to helping military officers protect their reputation and future benefits. We use our intelligence and experience to get the best outcome possible for you. We fight hard for you to prevent involuntary separation from active service. We never overstep ethical limitations and always uphold our moral principles.
Our work ethic, legal expertise, and professionalism have earned us a stellar market reputation. Give us a chance to help you. We can offer you the most compassionate and knowledgeable legal representation. So, don’t give up and lose hope. Contact us for legal representation. Your future and your family’s well-being are our top concerns. Let us help.