ADMINISTRATIVE SEPARATION BOARDS
Call Our Experienced Military Criminal Lawyers for Help
Daniel Conway & Associates handles separation boards, boards of inquiry, and retirement grade cases on a regular basis. We have handled cases at the highest military levels - including general grade officers and admirals.
The main purpose of administrative separations is to determine the service member's suitability for continued service in the military. Commanders can initiate boards for any number of reasons. Administrative separations can result in one of three types of discharges: honorable, general under honorable conditions, and other than honorable conditions. The type of discharge received will dictate the benefits, such as veterans benefits, service members will qualify for once released from active duty. Because career and benefits are at stake, civilian counsel can be valuable.
Each of the branches has their own regulations governing administrative separations, but all of the services have generally similar regulations that follow guidelines promulgated by the Secretary of Defense.
Contact our firm today to arrange a free initial consultation with one of our highly experienced military criminal defense attorneys.
When separation is contemplated the service member is afforded certain rights. At the outset of the process, service members are notified of these rights in writing.
This notification includes:
- The factual basis of the proposed separation
- The least favorable discharge being considered
- The right to obtain copies of the documents being forwarded in support of the proposed separation
- The right to submit statements
- The right to counsel
- If he or she qualifies for one, the right to an administrative board, a hearing to contest the separation or the type of discharge sought
If a service member is not entitled to an administrative separation board, the member may still submit letters and evidence on his or her behalf to prove suitability for continued service.
Retirement benefits and veteran’s benefits can be substantial. There are a number of ways in which injustices can occur during the separation or retirement process. There are also a number of ways in which counsel can help protect you before the injustice occurs.
Make Sure You Have Knowledgeable Counsel
In separation and retirement cases, it is extremely valuable to have counsel who has handled federal litigation involving separations and retirements. This is particularly true in cases involving involuntary actions.
Issues of whether retirements or separations are voluntary or involuntary have been the subject of extensive litigation in the federal courts.
In presumptively voluntary separation cases there are ways to rebut the presumption of voluntariness that attaches upon discharge. Common methods of rebuttal include coercion, government misrepresentation of facts, attempts to withdraw the retirement, time pressures, and mental competency. It is often a question of whether the decision-making process was reasonable and a free choice. Kim v. U.S. 47 Fed. Cl. 493, 501 (2000). A lack of information can be a factor that courts consider.
The bottom line is that the stakes are high in separation and retirement cases. It is worth your time to schedule a consultation with our military criminal defense lawyers. Call (757) 401-6365 today.
Why Hire Daniel Conway & Associates?
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Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More
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