The Knowledge and Experience To Help You Navigate the Military Legal System

Administrative Discharge Boards

Defense from an Experienced San Diego Military Attorney

An administrative discharge is a method by which the military can fire you due to an indicated lack of ability to continue service due to performance issues, conduct issues, or physical and mental conditions. Under certain circumstances, an Administrative Discharge Board must be formed, where you can present a defense.

My name is Jeffrey Meeks and I am a San Diego military attorney with more than three decades of experience representing the rights of servicemen and women around the world. I have helped thousands of clients protect their futures and am deeply familiar with the nuances of the military justice system. In fact, I am a retired Lieutenant Colonel with the U.S. Marine Corps and I am proud to put my experience to work for you. If you are faced with being administratively discharged, contact us today!

Call (760) 512-8161 to get a better understanding of your circumstances and see how Meeks Military Law might be able to help you.

Characterization of Service

Grounds for a hearing before an Administrative Discharge Board can include drug abuse, minor infractions, misconduct, civilian offenses, a limiting mental or physical condition, failure to meet fitness standards, hardship, and failure in a drug or alcohol rehabilitation program. In some cases, grounds can simply be for the “good of the service.”

If discharged, your service will be characterized as:

  • Honorable: Under this characterization, the member would keep Veteran’s Administration rights as well as rights administered by the Department of Defense. This characterization is looked upon favorably for future employment; however, it may preclude reentry into a branch of the Armed Forces.
  • General under honorable conditions: Under this characterization, the member’s discharge would be slightly affected by certain negative aspects and be looked upon less favorably than an honorable discharge.
  • Under other than honorable conditions: This type of characterization essentially removes all rights from the Veteran’s Administration and Department of Defense and could become a significant disadvantage when pursuing future work.

Is it Possible to Fight an Administrative Discharge Board?

You cannot just immediately be separated or discharged with a characterization of service thrust upon you. It is required that a due process hearing is held before a panel of officers and that evidence is presented by both sides.

To legally separate you, it must be proven that:

  • You have committed a disqualifying act or have a disqualifying condition
  • You should be discharged as a result of the above
  • In light of the evidence on both sides, your discharge should be characterized as honorable, general under honorable conditions, or under other than honorable conditions

In certain cases, recommendations may be made about a suspension of the discharge. You are entitled to be present at this hearing and to be defended by a team involving a military lawyer, a military lawyer that you requested, and a civilian-military lawyer. Your team can present witnesses and evidence, cross-examine the government’s witnesses and evidence, and allow you to testify on your own behalf.

After the Hearing

If the board determines that the evidence is insufficient to prove that you committed a disqualifying act or that you have a disqualifying condition, the case is typically closed and it is determined that you should not be discharged. In some cases, you or the government can forward the case to a higher authority, the General Court-Martial Convening Authority (GCMCA).

The GCMCA has the authority to:

  • Disprove adverse findings against you
  • Upgrade the characterization of your discharge
  • Suspend the discharge based on good conduct
  • Downgrade the characterization of your discharge

Whatever you face, trust Meeks Military Law for the knowledge and resources to guide you through the process.

Contact my firm at (760) 512-8161 today and begin your case.

Why Choose Meeks Military Law?

Get the Defense You Need
  • 34 Years of Experience Defending Military Members

  • Thousands of Cases
    Successfully Handled

  • High Quality and
    Aggressive Representation

  • Clients are Kept Informed in Every Stage of Their Case