Each Military Service allows Servicemembers to administratively separate instead of going through a court-martial. For example, Army Regulation 635-200, Chapter 10, allows Soldiers to administratively separate in lieu of a court-martial by admitting to at least one charge. This is a quick and expedient way to leave one’s Military Service while pending UCMJ charges.
The process starts when a Servicemember makes a request to the General Court-Martial Convening Authority, through his or her chain of command, requesting discharge instead of a court-martial. Each Servicemember must submit a written memorandum explaining various reasons why the administrative separation should be granted in his or her case.
This is where experienced military defense attorneys from the Federal Practice Group can assist you. Successful packets are approved and Servicemembers are discharged. They avoid the stress of a court-martial, and a conviction limiting their employment opportunities. Also, well prepared applications may result in a General Discharge Under Honorable Conditions. Materials prepared by less experienced individuals, which are incomplete, and lack sufficient reasoning, may be rejected.
Each Servicemember considering an administrative discharge instead of a court-martial has several rights. They include:
a. submit statements on your own behalf.
b. waive all the rights in wring.
c. consult with an attorney.
Most often, administrative discharges in lieu of a court-martial result in ‘Other Than Honorable’ discharge. This means that a Servicemember is automatically reduced to the rank of PV1. Here, again, the Federal Practice Group can assist. One may upgrade his or her discharge by applying to a respective Military Service Discharge Review Board for relief. Again, getting an experienced military attorney is critical.
For more information, call for a consultation with an experienced military defense counsel from the Federal Practice Group.
This information does not constitute legal advice. For specific questions contact your military law attorney. Prior successes of the Federal Practice Group in obtaining administrative discharges for Servicemembers do not guarantee future results.