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Last Modified on Dec 15, 2025
With so many U.S. Army enlisted separation board cases being processed through Fort Knox, the Kentucky region has developed a heightened awareness of administrative separation law, discharge designations, and the military justice system as a whole. If you are enlisted in the military and facing the prospect of an Administrative Separation Board (ADSEP) proceeding, you naturally want to know what to expect at a Fort Knox enlisted separation board.
The first thing to understand is that, like any other type of legal case, each enlisted separation board case is unique. Everything from the available evidence to your attorney’s experience to the disposition of a commanding officer can have a major impact on the trajectory of any individual enlisted separation board case.
Are Separation Boards Non-Punitive?
While the military maintains that separation boards are simply the way people are fired from jobs within the military, rather than a punitive process (e.g., a court-martial), the actual consequences of being separated can be severe and life-altering, especially for those who do not receive an honorable discharge designation. This includes not just the end of military service and associated pay, but permanent cutoff from VA benefits for healthcare, housing, and education.
The Fort Knox Enlisted Separation Board Process
In 2023, around 200,000 service members separated from military duty. About 49.4% of these were voluntary separations, 27/2% were retirements, and the rest involved involuntary separation or death. Non-voluntary separation can be for many reasons, including behavioral or performance issues, legal issues, and fraudulent enlistment, among other reasons.
While the exact details of the separation process may differ by case or military branch, the basic steps of the enlisted separation board process are as follows:
- Notice of proposed separation: This is typically in the form of a letter from a commanding officer. The letter should explain the reasoning behind the recommended separation and outline the evidence against you. This packet should also contain an acknowledgement-of-rights form, reminding you that you have the legal right to hire an attorney and request a hearing.
- Separation board hearing: Much like a civilian trial, both sides present evidence and arguments. However, military procedural rules differ significantly, making legal experience in ADSEP cases essential.
Essentially, the government will need to prove that its reasons for seeking separation are just and in alignment with the UCMJ, while you and your attorney strive to demonstrate otherwise. These cases are generally heard in the U.S. Army Human Resources Command office at 1600 Spearhead Division Avenue.
- The board’s decision: After hearing the evidence, the board determines whether the service member should be retained or separated. Unlike a court-martial, a separation board cannot impose confinement, fines, or rank reductions, but it can end a military career entirely.
- Discharge characterization: If a separation board proceeding results in the service member being dismissed from the military, a discharge designation must also be decided. An other than honorable designation can have severe and permanent consequences, cutting the service member off from VA care and other crucial benefits enjoyed by those who leave the service with honorable or general status.
- Review and appeal options: If you disagree with the board’s outcome, limited review and appeal options may be available within the military justice system. These processes are complex and time-sensitive, reinforcing the importance of skilled legal counsel.
Like any type of legal case, it’s important to be prepared. Separation boards can sometimes be straightforward and simple, but other times represent extremely complex and subtle legal ordeals. When proceedings escalate, having an attorney with deep experience in ADSEP defense can make a decisive difference.
FAQs
What Is the Burden of Proof at an Administrative Separation Board?
The burden of proof at an administrative separation board is somewhat different than a trial in the civilian world. In fact, the burden of proof in military proceedings is a matter of some controversy. When a service member is recommended for separation, the burden of proof lies with the government, whose agents must use a preponderance of evidence to prove that their reasons for seeking separation are well-founded and verifiable.
How Much Is Medboard Separation Pay?
How much medboard separation pay is depends on the circumstances. This disability severance pay is only available to those who meet specific eligibility criteria. Qualifying personnel may receive a one-time, lump sum payment based on a formula that takes into account their base pay, current grade, and total length of military service.
What Happens After an ADSEP Board?
What happens after an ADSEP board depends on the findings of that specific ADSEP board. Every military separation proceeding is a unique situation, and the results are informed by the circumstances and available evidence. Some ADSEP boards end with the service member returning to duty, while others are dismissed from service and cut off from VA benefits for life.
How Long Does an Admin Sep Take?
The timeline for an administrative separation board proceeding in the U.S. military is much like that for a civilian trial. It can be wrapped up in a matter of weeks for straightforward cases or drag on for months (or more) when things get complex or contentious. Speak to your attorney for a better idea of the timeline for your unique situation.
Hire an Enlisted Separation Boards Lawyer
Being recommended for separation from your military duties can be confusing and embarrassing. Instead of getting frustrated and leaving your fate up to the system, you can take action by bringing in the services of a private, civilian attorney. The Uniform Code of Military Justice gives you the inalienable right to hire an enlisted separation boards lawyer of your choosing, rather than settling for a government-appointed option.
If you are dealing with an ADSEP or other military justice matter, early legal intervention is key. Contact Michael J. Thompson, Attorney at Law, today to set up a free and confidential consultation session and learn more about what to expect at a Fort Knox enlisted separation board.
