Military Administrative Separation (AdSep)

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Military Defense Litigator

Military Defense Litigator

5 жыл бұрын

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This video provides an overview of administrative separation (AdSep), specifically the AdSep board hearing.
The Administrative Separation (AdSep) Board is basically an employment hearing. There are three military members that make up to board. These members make recommendations to the Separation Authority (typically the first flag officer in the service member’s chain of command).
The first recommendation for Administrative Separation (AdSep) is whether or not the basis for the AdSep has been met. For example, if the AdSep is for a “Pattern of Misconduct,” there needs to be two documented instances of misconduct. If the government can show this, than the basis for a pattern of misconduct has been met.
The second recommendation for Administrative Separation is whether the service member should be separated from the service before the end of their current contract or retained in the service.
The third recommendation for Administrative Separation (AdSep) is the service member’s characterization of service, if the board members recommend separation. This characterization can be Honorable, General (Under Honorable Conditions) or Other Than Honorable. This characterization is based on the misconduct and performance of the member during the CURRENT enlistment.
The final recommendation is whether or not to suspend the separation of the service member for up to twelve months. It is equivalent to a probation period. If there is additional misconduct during that period, the Separation Authority can lift the suspension and immediately separate the service member.
Characterization of Service
One of the main concerns when faced with administrative separation is the characterization of service and associated benefits. Here are the three (main) characterizations of service available when facing Administrative separation:
- Honorable
- General (Under Honorable Conditions)
-Other Than Honorable
(-Bad Conduct Discharge - NOT APPLICABLE - Applicable when facing Special Court Martial)
(-Dishonorable Discharge - NOT APPLICABLE - Applicable when facing General Court Martial)
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Military Defense Litigator, LLC
Steven J. Goralski, Esq.
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This video is not legal advice and is only for educational purposes. Reach out to an attorney for legal advice.

Пікірлер: 65
@johnathonmullis4234
@johnathonmullis4234 2 жыл бұрын
I got kicked out of the navy for weed aka positive drug test when I was 19. They gave me an honorable discharge because of my evals were 3.6 but they changed it to a oth 25 months later after I requested a replacement. 10 years after discharge I became eligible for a waver to go back in. I had married and finished college so I went joined the navy reserve. Eventually the board for corrections changed my initial discharge to a general discharge even though I don’t think it should have been changed in the first place. You never know what life will bring so don’t let a funny discharge define who you are or who you can become. I had friends that received an OTH and they thought they would never find a good job and didn’t. I didn’t think anyone cared if I smoked weed, I wasn’t ashamed of it, and nobody cares about military discharges. They didn’t care to the point that weed is legal now.
@chopperz6650
@chopperz6650 Жыл бұрын
10 years , adsep for failing urinalysis (beer) on my birthday while in Sarp. Learned alot but lost myself along the way. Excited for the uncertain future
@chrisloydmas8499
@chrisloydmas8499 Жыл бұрын
Found out today I’m going to adsep board. Had to do formalities with dapa. 9 months in, 9 months clean off the streets and sober, got to Washington and fucked that all away. I’ve ruined my life the past 24 years. This was the eye opener. Flip side is they pay great for carpenters out here. Talk about self induced destruction. Good luck tho man nonetheless
@asiamay7650
@asiamay7650 4 жыл бұрын
May you make a video for an honorable discharge process?
@marcellusbalmores9713
@marcellusbalmores9713 11 ай бұрын
going to get AdSep due to me not able to adapt to military environment. I just can't meet the level of high standards the military and I'm still in A-School here in Great Lakes been here for only 4 months since bootcamp. Legal told me about im about to be let go in ELS due to Unability to adapt navy environment. actually my command executive officer already told me about this one and i'm actually fine with it.
@Rebel-eq7ul
@Rebel-eq7ul 3 жыл бұрын
So I was told that I have to pay back FSA cause of my Adsep?? Is this true and if so may you please break down everything I would have to payback because of my adsep
@thegrandlevel313
@thegrandlevel313 Жыл бұрын
Is it possible to receive an ELS with a meritorious act?
@truckerownerops
@truckerownerops 3 жыл бұрын
What I get from this video is 2 things service is voluntary 2 military law is not a court of law and is not recognized in civil court.
@stephenpope578
@stephenpope578 3 жыл бұрын
Yes it is. Convictions from Special and General Courts Martials are felonies and are reported.
@Ethereal1971
@Ethereal1971 Жыл бұрын
What is navy separation code jff
@robertom4717
@robertom4717 3 жыл бұрын
I'm being ad separated and literally none of this happened. He just said your out tough luck buddy. Was given a 45 day response time and responded within a week.
@stephenpope578
@stephenpope578 3 жыл бұрын
You aren't entitled to a board unless you have six or more years of service.
@robertom4717
@robertom4717 3 жыл бұрын
@@stephenpope578 thats bullshit. Everything worked out but still.
@stephenpope578
@stephenpope578 3 жыл бұрын
Like I said unless you have six years in you aren't entitled to one in the Army.
@robertom4717
@robertom4717 3 жыл бұрын
@@stephenpope578 im not arguing with you. Im just saying thats fucked up.
@robertom4717
@robertom4717 3 жыл бұрын
@Mike Smith yes, I fought it tooth and nail. Was fortunate to have my supervisor push back with me. Commander had to eat crow.
@CWS1985
@CWS1985 2 жыл бұрын
Was given my Adsep notice 9 days ago. Waiting for official sep orders
@chanelb4435
@chanelb4435 Жыл бұрын
What did u do to get adsep?
@Lilhumble-vs5yx
@Lilhumble-vs5yx 14 күн бұрын
What did you do to achieve adsep ?
@USMCDOGOFWAR1
@USMCDOGOFWAR1 2 жыл бұрын
Kind of a weird question but I was given a General Under Honorable Discharge for failing the PFT. I was not ADSEP'd I finished my second contract after 8 years. My BC changed my characterization of service from honorable to general 2 days before my EAS. I have multiple commendations for serving honorably. What are the chances I can get that upgraded to honorable?
@mamikxren
@mamikxren 2 жыл бұрын
How many tests did u fail?? I don’t think I can pass mine bc i have a back disease now.
@moto3317
@moto3317 2 ай бұрын
I had do do 3 PFT's to finally pass, because I was still inebriated during the first 2 in P.I. That was a rough day.
@jmojtab3472
@jmojtab3472 2 жыл бұрын
Would ADSEP in the Reserves void GI Bill benefits earned while on Active duty? DD214 received for first enlistment contract
@MilitaryDefenseLitigator
@MilitaryDefenseLitigator 2 жыл бұрын
Per the VA, you can use a period of a prior honorable enlistment to qualify for veteran benefits including the GI Bill. So if a service member completes an enlistment and it has been honorable. The servicemember can use that honorable enlistment to qualify for benefits.
@alreyes7175
@alreyes7175 Жыл бұрын
Would you have to pay any thing back for being ad separated? My friend got ad separated and we don’t know. He’s curious just like me.
@J7Niorr
@J7Niorr 28 күн бұрын
Hey are you still active on youtube my Adsep Is coming on the 19th of this month help a real nigga out fr
@jayliel5454
@jayliel5454 3 жыл бұрын
Even though the military allows you in, you're treated wrong with fraudulent entry. Adsep. Voided enlistment. Mst.
@willisshields647
@willisshields647 2 жыл бұрын
Have you ever seen any cases of people being retained after admin board drug test
@salvadorayala3860
@salvadorayala3860 Жыл бұрын
Yes
@chrisbonilla6435
@chrisbonilla6435 3 жыл бұрын
My discharge say honorable under general, I still get benefits?
@MilitaryDefenseLitigator
@MilitaryDefenseLitigator 3 жыл бұрын
Yes. You can still get benefits with a General (Under Honorable Conditions). To name a few benefits you may still be eligible for include VA disability, VA health care and the VA home loan.
@MilitaryDefenseLitigator
@MilitaryDefenseLitigator 4 жыл бұрын
A questions was asked about whether or not it is possible to receive a honorable characterization of service at an administrative separation hearing? Yes. Although it is possible, it is VERY difficult to obtain. In the video it states that there are a number of recommendations the board members are making to the separation authority. The characterization of service is the three recommendation the board members have to make. The first recommendation is, has the basis for separation been met. In other words, if a service member is being processed for separation for drug abuse, do the board members believe that the servicemember illegally used, possessed, sold, . . . drugs. If they determine that the servicemember committed such conduct, they will determine that the basis for separation has been met. The second recommendation is whether the service member should be stay in the military or separated. If they determine the service member should be separated, then they go on to the third recommendation, characterization of service. There are three characterizations of service to choose from including honorable, general (under honorable conditions) and other than honorable. Here are the different characterizations of service from MCO 1900.16 : Honorable - "Honorable characterization is appropriate when the quality of the Marine’s service has met the standards of accepted conduct and performance of duty for military personnel." MCO 1900.16 para 1004.2.a.(1) General (Under Honorable Conditions) - "This is the second highest quality of characterization and is appropriate if the Marine’s service has been honest and faithful, but significant negative aspects of the Marine’s conduct or performance outweigh positive aspects of the Marine’s military record." MCO 1900.16 para 1004.2.b Other Than Honorable - "OTH is appropriate when the basis for separation is commission or omission of an act that constitutes a significant departure from the conduct expected of a Marine. Examples of factors that may be considered include, but are not limited to: the use of force or violence to produce serious bodily injury or death, abuse of special positions of trust, disregard of customary senior-subordinate relationships, acts or omissions endangering the security of the Marine Corps, deliberate acts or omissions seriously endangering the health and safety of others, and drug abuse." MCO 1900.16 para 1004.2.c So once the board members are at the characterization of service recommendation, they have already determined that the basis for separation was met, and that the service member should be separated. When they review the various characterization of service definitions, a person can see that recommending an honorable characterization of service is VERY difficult at this point. Many times the defense attorney will advocate for a general (under honorable conditions), in order to retain most benefits for the service member AND not lose credibility with the board members (by advocating for an honorable, in light of the facts). The key is to attack the basis for separation (and advocate the service member stay in the military), so the board members do no get to this recommendation (e.g. -the drug use was unknowing, therefore basis is not met. If the board members agree, basis was not met, the service member says in the military and the board members do not get to the second and third recommendations.) (This is not legal advice. This is a brief overview of the process and not an in-depth explanation of EVERY possible factor and outcome in the process.)
@AddTomatoes
@AddTomatoes 2 жыл бұрын
Currently going through separation after 6 and a half years. I have been told I can im being adsepped. And its under CO's discretion for admin under honorable. Should I ask for a medboard? If I get an adsep, will I even be able to apply for my disability? Will I get my GI bill..??
@daniella8400
@daniella8400 2 жыл бұрын
You will get Gi bill if your have Honorable. Anything else you won’t
@JayJay-jz3tm
@JayJay-jz3tm 2 жыл бұрын
@@daniella8400 that's a lie. You may be entitled to all VA benefits. Those woth ho oracle or OTH
@daniella8400
@daniella8400 2 жыл бұрын
@@JayJay-jz3tm I didn’t say VA benefits, specially said the GI Bill, which you only get if honorably discharged!
@JayJay-jz3tm
@JayJay-jz3tm 2 жыл бұрын
@@daniella8400 how!? Mu bou got out with a general n they let him keep the school bill
@Giopowered
@Giopowered Жыл бұрын
Yes u can still get va ben
@sagramore1
@sagramore1 4 жыл бұрын
If somebody is separated under AR 600-8-24, can they ever come back?
@FizCap
@FizCap 3 жыл бұрын
Depends on the re code on the dd214
@chrisbonilla6435
@chrisbonilla6435 3 жыл бұрын
Re code 1-2 you can, 3 maybe, 4- nah son
@carverkain5226
@carverkain5226 2 жыл бұрын
this sounds more nerve wrecking then going to mast
@aok2727
@aok2727 4 ай бұрын
I don’t understand why they do this in lieu of a courts martial when the respondent is possibly innocent of the act. It’s insane
@rizingpho3nix
@rizingpho3nix 3 жыл бұрын
This just happened to me and now I'm being AdSep and I hate my life.
@jairoortega3074
@jairoortega3074 3 жыл бұрын
For what are you getting adsep?
@ashleymivec4g63
@ashleymivec4g63 2 жыл бұрын
@@jairoortega3074 prob covid vaccine refusal
@anthonybalderas2236
@anthonybalderas2236 3 жыл бұрын
How long can I expect to wait to officially be separated from the USMC for a piss test, General (under honorable)
@anthonybalderas2236
@anthonybalderas2236 3 жыл бұрын
What’s the typical wait time?
@HenryBenaid
@HenryBenaid 3 жыл бұрын
what do you mean piss test?
@Mitchie2001
@Mitchie2001 2 жыл бұрын
i didnt have a positive UA, mine took 14 days
@willisshields647
@willisshields647 2 жыл бұрын
Have you ever seen anybody retained in the military after going to an admin board for drugs
@anthonybalderas2236
@anthonybalderas2236 2 жыл бұрын
@@willisshields647 It took my unit 6 months to separate me and 10 months for some other guys
@infinitegamingx1976
@infinitegamingx1976 2 жыл бұрын
what if i wanna get adsep
@MilitaryDefenseLitigator
@MilitaryDefenseLitigator 2 жыл бұрын
I have heard of some individuals doing drugs in order to get adsep but that is not recommended. The effects of an adsep, in particular the characterization of service has life long effects, especially for veteran benefits and for certain employment.
@bigmac5803
@bigmac5803 3 жыл бұрын
Is it possible to still join another branch of military even though I got a general under honorable?
@chriss3208
@chriss3208 3 жыл бұрын
Do you mind if I ask why you got discharged
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