Army Administrative Separations
If your commander has recommended that you be administratively separated from the service under the provisions of AR 635-200. This will answer some general questions about your administrative separation (also called a “chapter”).
Your Rights:
• You have a right to consult with an attorney. You can consult with a Trial Defense Service attorney at no cost to you, or hire civilian counsel at your own expenses;
• You have the right to submit statements in your own behalf;
• You have the right to obtain copies of documents which your commander will forward in support of the separation recommendation;
• You can waive the above rights in writing. Failure to respond (that means not signing the form) within seven duty days from the date you see an attorney means you give up all of your rights;
• You have the right to an administrative discharge board if you are considered for discharge with an Under Other Than Honorable Conditions (OTH) characterization of service or if you have over 6 years of service in the military. If you are a soldier that has over 6 years in service you are entitled to have an administrative separation board hear your case regardless of the command recommendation as to characterization of service. (For example: the command is recommending an honorable discharge but you want to stay. If you have over 6 years you can request a board to hear your case and argue for retention). An attorney from TDS will be detailed to represent you at a board, you can hire a civilian attorney to represent you, or you can represent yourself.
Ways to Fight the Discharge:
The Separation Authority, usually your Battalion or Brigade Commander, or the Commanding General (depending on the type of chapter and the proposed characterization of service) decides whether you should be separated and, if so, what type of discharge you will receive.
There are three ways you can have input into those decisions:
If you have less than six years of total active and reserve military service, and you are not being considered for an OTH discharge, you are not eligible for an Administrative Separation Board, so the only way you can have some input into what sort of discharge you receive is to submit statements in your own behalf. These statements can be yours, or from people with whom or for whom you have worked. They should talk about your duty performance, potential for rehabilitation and retention, as well as any significant past contributions you have made. They can ask that you either be retained in the service or given an Honorable discharge. These statements should be submitted to your Commander, who will forward them to the Separation Authority to aid him in his decision.
If you have six years or more years of active and reserve military service or you are being considered for an OTH discharge, you have the two additional options:
(1) You have the right to have your case heard before an Administrative Separation Board. This Board normally consists of three people; two officers and one senior enlisted soldier. The Board’s job is to decide whether you should be separated and if so, with what kind of discharge/characterization of service. The Board then makes a recommendation to the Separation Authority. The Separation Authority makes the final decision, but cannot do anything less favorable to you than the Board recommended. At the Board you have certain rights. You have the right to be represented by a detailed military lawyer or another military lawyer you might request (if that lawyer is reasonably available), both at no cost to you. You could also hire a civilian lawyer, at no cost to the Government. If you are a minority member, you can request that a minority member be part of your Board. You can make a statement to the Board, or chose to remain silent.
(2) You also have the right to submit a Conditional Waiver. A Conditional Waiver is a document you send to the Separation Authority telling him that you will agree to give up your right to a Board hearing if he promises to give you a better type of discharge. If the Separation Authority agrees, you get that better type of discharge. If he turns down your proposal, you still have the right to a Board.
In any case, you also have the right to consult with a military lawyer to decide what you option is best for you. You have the right obtain copies of all documents that will be forwarded to the Separation Authority.
If you are involuntarily discharged, you will not be eligible to reenlist in the United States Army for a period of two years; however, if discharged with an Honorable Discharge, the Separation Authority may direct that you serve the rest of your obligated time in a Reserve status. If discharged with characterization less favorable than an Honorable, you may apply to the Army Discharge Review Board or the Army Board for Corrections of Military Records to upgrade your discharge. An upgrade is neither guaranteed nor automatic. Information on the procedures to try to upgrade your discharge can be found HERE.
Frequently Asked Questions