Administrative Separation Boards
If you are facing an involuntary separation from military service, Mr. Karns can represent you and fight to have you retained in the service, or if separated, he can fight to have your unfavorable characterization of service changed. If you are accused of misconduct, or poor duty performance, your command may seek to involuntarily separate you. Typical reasons for being separated include:
- Criminal conduct under the Uniform Code of Military Justice (UCMJ);
- Insubordination;
- A pattern of misconduct;
- Drug abuse;
- A civilian criminal conviction;
- Homosexuality;
- Weight or health issues; and
- Poor Duty Performance.
If your command seeks to separate you, it is required to notify you in writing of the basis for the separation and the recommended characterization of service. Your characterization of service is based on your conduct and duty performance while in the military. As an experienced military attorney, Mr. Karns can assist you to present your side of the story, regarding both the alleged misconduct and your entire military record. This evidence, along with any statements in your favor, become part of the package sent to the installation commander for the final decision regarding the separation. However, your commander can decide not to proceed after having received your materials. This is why it is important to have an experienced military attorney help you make your case.
An Administrative Separation Board may be required before you are separated. If you have more than six years of total active military service, or if the basis of your separation is for homosexuality or the recommended characterization of service is Other Than Honorable, you are entitled to have your case heard by an Administrative Separation Board. The Separation Board will consist of three members who will hear Mr. Karns’ argument in your behalf, review any evidence, your testimony, and the testimony of any witnesses you present. Mr. Karns will also be able to question any government witnesses who appear in front of the Board, prior to presenting a closing argument.
For the Board to make a recommendation of separation, it is required to find by a preponderance of the evidence that the allegations of misconduct presented against you are true and that they warrant separation. However, the Board can also recommend the separation be suspended. The final approval of the separation is by the Separation Authority, which may substitute a more favorable characterization of service, suspend the separation, or even retain you. Mr. Karns, as an experienced military attorney, can help you present your best case to the Board, enabling you to challenge the separation and potentially avoid an Other Than Honorable discharge.
Past Cases
Senior NCO tested positive for marijuana. Mr. Karns convinced the soldier’s command to terminate the administrative separation action and retain the soldier.
A retirement eligible NCO was convicted in a civilian court for child molestation and incest. He was serving time in state prison. The Army demanded that the soldier be administratively separated with an Other Than Honorable Discharge. An OTH Discharge would have reduced the NCO to an E-1 and severely affected his retirement pay. Mr. Karns was able to convince the separation board to grant a General Discharge thus preserving the soldier’s retirement pay at his current rank.
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