Fort Knox Administrative Separation Lawyer

Administrative separation refers to the process in which a military service member becomes discharged from their duties for reasons other than intentional misconduct. Rather, this could be due to medical issues, underwhelming performance, or even just for personal convenience. Administrative separation can have a significant impact on the service member’s access to benefits and their reputation. A Fort Knox administrative separation lawyer can help when this happens.

At the law office of Michael J. Thompson, Attorney at Law, we have spent years working through the intricacies of the military justice system. Our experienced team of military administration attorneys has already assisted others in the armed forces who were stationed at army bases in Fort Knox. We take the time to understand why this process is being pursued in your case and advocate for your rights at every step.

Common Reasons Why Military Members May Face Administrative Separation

The administrative separation process will typically ensue when a service member’s branch of the military determines that their continued service is no longer needed. Some of the most common reasons why this would happen include:

Medical and Physical Standards

Sometimes, a service member’s physical abilities or medical conditions worsen throughout their military tenure. This can include a wide range of conditions, such as chronic physical illnesses and any mental health disorders that need to be treated. The onset of these complications can reduce a service member’s ability to perform at full capacity, possibly endangering themselves or others. Being discharged for this is not a punishment but rather a responsible decision.

Unsatisfactory Performance

If there has been an established pattern of unsatisfactory performance or inability to meet certain conduct standards, this can also lead to administrative separation. Some common examples include poor evaluations that do not get better over time, a failure to adapt to the demands of military life, or even not meeting the fitness requirements. These decisions are not made immediately but rather when significant remediation efforts have failed.

Pattern of Misconduct

If someone is repeatedly engaged in disciplinary issues, like insubordination or being absent from mandated shifts, this can also lead to an administration separation. Because the conduct is not criminal in nature, it would not require the individual to face a court-martial or criminal charges. However, the behavior still indicates that the individual is not capable of meeting the military standards, so they will be dismissed from the service.

Drug and Alcohol Abuse

There are strict guidelines for drug and alcohol use in the military. Because the nature of these positions requires sharp focus and strong stamina, using these substances can dramatically decrease military performance. Anyone who is caught consuming these substances, even in non-criminal ways, can risk facing administrative separation.

Testing positive for drug use or showing up to serve while drunk are two clear examples of substance abuse that can lead to this type of separation.

Family Hardships or Personal Convenience

In scenarios in which a service member faces severe family hardship, like receiving news that a close family member is critically ill or has passed away, they may need to separate from military service. These cases are required to be evaluated individually to consider what impact the new family hardship would have on the service member’s ability to perform at full capacity. If this is compromised, or the family hardship is unbearable, they will be discharged accordingly.

Security Clearance Issues

Any service member who can no longer meet the requirements of security clearance for their position is at risk of facing administrative separation. This is especially true in roles where the individual has access to classified information. New personal conflicts or financial problems are two main reasons for being let go on security clearance grounds. There is too much risk to allow someone to continue in their role if they can no longer be trusted with this sensitive information.

FAQs

Q: Do Service Members Have Certain Rights During the Administrative Separation Process?

A: Service members are entitled to receive a written notice that details the exact reasoning for their separation and what type of discharge is being considered. If necessary, every service member has the right to have an attorney who can supervise this entire process and ensure that their rights are not violated. If they disagree with the merit behind the administrative separation request, they can present their own evidence, like service videos, to counter the allegations.

Q: How Does Administrative Separation Differ From Dishonorable Discharge?

A: Administrative separations are often not the direct fault of the individual, while a dishonorable charge is a punishment that was likely mandated from a court-martial for serious offenses. Common reasons for administrative separations are new medical conditions or being injured during combat, while dishonorable charges stem from criminal misconduct, like desertion or sexual assault.

Q: Can Service Members Appeal an Administrative Separation Decision?

A: Service members do have the right to appeal an administrative separation decision with the help of a Fort Knox military law attorney. This process will require the service member to submit a written application to the appropriate review board, detailing why they believe the decision should be reversed. They will need to provide compelling evidence to support their position. Their attorney can also negotiate on their behalf to find creative ways to stay in the armed forces.

Q: Does Administrative Separation Have Any Impact on Veteran Benefits?

A: Being honorably discharged from military service generally allows veterans to still access their benefits, such as medical coverage, special home loan programs, and free college education. This is because an honorable discharge is generally not the direct fault of the service member. It would be considered unfair to take away the benefits that they already earned through years of service that met the needs of the military.

Contact Michael J. Thompson, Attorney at Law, Today

If you are in the military and are facing the prospect of administrative separation, the military defense attorneys at the law office of Michael J. Thompson, Attorney at Law, can help. We understand how emotional it can be to feel like your time as a service member is coming to an end. This is why we can work to investigate the merits of the decision and make sure that your rights are not being taken advantage of. Contact us today and learn more about how we can aid in this process.