Military Administrative Separations (ADSEP): The Process | ADSEP Part 1
Is the military trying to kick you out? Here’s what you need to know about the administrative separation process.
Welcome back to Military Justice Matters. I’m Justin Bennett, a partner with Parlatore Law Group. Because there’s a lot to say on this topic, we’re going to break it down into multiple videos. This is Part I.
The administrative separation process (or “ADSEP”) for enlisted, or a “show cause” board or “Board of Inquiry” for officers, is essentially the way that the military tries to fire you without sending you to a court-martial and giving you a punitive discharge.
Board eligibility:
If you have less than six years of service, then you are NOT automatically entitled to an ADSEP board. Instead, the only opportunity you’re going to have to respond to an ADSEP notice is to do so in writing. If that’s the case, the worst outcome that the command can give you without giving you the right to a board is a General (Under Honorable Conditions) discharge. And unfortunately, if they choose to go that route, it’s very difficult to stop an ADSEP process just through a written response.
On the other hand, if you have more than six years of service—or if the command is choosing to seek an Other Than Honorable discharge (or OTH), which is the worst administrative characterization you can receive—then you are going to be entitled to an ADSEP board.
Board process:
An ADSEP board is essentially an informal trial. There will be a Recorder representing the Government (essentially, the prosecutor). You will have the right to a defense counsel to represent you, which we’ll talk more about later.
The day of the board will play out much like a trial. It will begin with something called voir dire, which is an opportunity for the attorneys to ask questions of the board members to look for whether there are any biases that might render them unfair or unfit to serve on the board. Unfortunately, the voir dire process in ADSEP boards doesn’t have the same teeth that it has in a court-martial, mainly because it’s very difficult to actually have a board member removed for cause.
But your defense counsel can and should use this opportunity to start previewing your case and trying to sell your theory to the members about why the Government can’t prove its case and you should be retained.
After the voir dire process, the rest of the board will unfold like a trial. There will be opening statements from both parties. The government will have the right to put on documentary evidence and call witnesses against you, and then the Defense will have the opportunity to put on evidence and call witnesses as well. Then it will proceed to closing arguments.
These boards typically take place inside the span of one day, unless it’s a particularly complex case or you’re in the Coast Guard, since their boards often run multiple days.
Check back later for parts 2 through 4 on this topic.
And as always, if you found this content helpful, please remember to like and subscribe for more videos on the military justice process.
And if you’ve received an ADSEP notification and need to consult with an attorney, my firm’s contact information is on the screen now. Thank you.
Work: 860-735-1116
Attorney Advertising Disclaimer: This information is provided for general educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.
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