
If you are a Fort Campbell servicemember facing a military separation boards defense case, powerful legal help is available now. A Clarksville, TN military separation boards defense attorney from Michael J. Thompson, Attorney at Law, can guide you through your legal turmoil, explain military separation boards defense laws, and represent you throughout the ensuing legal processes.
The stakes at a military separation board are much higher than getting called into your boss’s office in the civilian world. Being removed from military service with an other-than-honorable status doesn’t just hurt your reputation and self-esteem; it takes away thousands upon thousands of dollars in tangible benefits that a military recruiter promised you back when you began this journey.
The United States military operates a completely separate and parallel system of law, using tools like separation boards, courts-martial, and non-judicial punishments in place of civil actions and criminal convictions. One main difference between a separation board and a civilian court case is that failing to adequately plead your case at a separation board can lead to a dishonorable discharge from the military, with all the social baggage and loss of benefits that entails.
The seriousness of the potential consequences truly highlights the need for knowledgeable and effective legal representation when facing a military separation boards defense case. A Clarksville military separation boards defense lawyer from Michael J. Thompson, Attorney at Law, can work hard to prevent or mitigate the worst of these consequences, putting this dark period into your past and keeping your proud military career on track.
The decision to hire a military separation boards defense attorney to represent you is one that can completely change the course of your military justice case and entire future. It can potentially safeguard not only your honor and reputation but also your career and a lifetime of valuable veterans’ benefits that you and your family need. There is no shame in finding help when you’re in a challenging situation, and your initial consultation is totally confidential.
A military separation board, sometimes called “ADSEP” for “administrative separation,” is a special legal tool that exists only within a military context. It is not a trial or court case, per se, but a special type of administrative hearing to determine whether someone should remain in military service. This is distinct from a court-martial, which is intended to punish criminal-like infractions within the military and can result in confinement or other punitive measures.
While an administrative separation hearing can’t lead to literally punitive measures, that doesn’t mean the stakes are low by any means. Just a few of the potential consequences of a military separation board may be:
There are hundreds of bad conduct and other-than-honorable discharges in the military every year, and the loss of the above benefits doesn’t just affect ex-military personnel for the rest of their lives; it represents a loss of material value and future opportunities that can literally affect a family’s well-being and financial stability for multiple generations.
If you are worried about being discharged from the military with an other-than-honorable categorization, it’s important to be proactive and get help with your military separation boards defense case. With over 25,000 personnel stationed at Fort Campbell and many more throughout Clarksville, TN, please know you’re far from the first person to need counsel with this situation. Contact Michael J. Thompson, Attorney at Law, to learn more about your legal options.
In Clarksville, you can appeal an Army separation board decision to the appropriate board authority in some circumstances, but appeals in the military justice system are different from those in the civilian world. At some point, you may encounter a board whose authority is considered final. If an initial administrative separation hearing does not go your way, contact a trusted attorney to learn what your options are going forward.
One of the requirements for administrative separation boards in Clarksville is that the government shows a “preponderance of evidence” for its decision, be that hard evidence, like video and documentation, or evidence in the form of witness testimony. Note that this is a less stringent burden of proof than exists in courts-martial, which require that the government prove violations “beyond any reasonable doubt.”
The particular Army regulation relevant to your separation proceeding may depend on the situation that brought you before an administrative separation board in the first place. The Uniform Code of Military Justice is robust and comprehensive, with many potential situations leading to an eventual separation board appearance. Your attorney can explain the exact regulations that apply to your situation.
Yes, you can request to be separated from the military. However, you do not have the right to request that an administrative separation board be assembled to review your service on a whim, and the final decision will not be your own. If your request has some sort of logic or merit behind it in the eyes of your commanding officer, it may result in a separation board proceeding. If this is your goal, an attorney with a military background is a useful resource for making your case.
If you are going before a military separation board in Clarksville or elsewhere in Tennessee or Kentucky, powerful legal solutions are available to protect your career, reputation, and future. Contact Michael J. Thompson, Attorney at Law, so our military separation boards defense team can set up a consultation session. Then, we can learn more about the situation you are facing and offer some preliminary options for moving forward.
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