Administrative Actions
Experienced Administrative Law Attorneys for Uniformed Servicemembers
It is not uncommon to be caught up in some administrative matter at some point in or even after your service. The military administrative law attorneys at the Federal Practice Group are skilled to represent you in the following areas:
Administrative issues can be very serious as they can affect your ability to obtain benefits and possibly employment. If you are facing separation or have already been separated, contact a specialized administrative law attorney to prevent a less-than-honorable characterization of service.
Involuntary Separation
There are many reasons why a member of the US Armed Forces receives an Involuntary Separation, including misconduct under the Uniform Code of Military Justice, a criminal conviction in civilian court, or being deemed unsuitable for continued service.
If you have been enlisted for more than six years or if there is a possibility that you may receive an Other Than Honorable Discharge, you have the right to an administrative separation board hearing. Contacting a seasoned attorney without delay is vital to ensure your rights are vigorously protected.
Our military lawyers represent service members facing involuntary separation or discharge from the military. We have helped many receive favorable outcomes in their cases, and we can fight for you as a firm that actively employs service members.
Navigating Medical Separation & Retirement in the Military
A service member undergoes military medical separation, or medical discharge, when a medical condition or disability prevents them from effectively performing their military duties. The process starts if their medical condition significantly impairs their ability to meet military responsibilities.
To assess eligibility for military medical separation or retirement, consider the following factors:
Medical Evaluation: A military physician evaluates the service member’s condition and its effect on-duty performance. Qualification for medical separation requires the condition, whether injury, illness, or mental health issue, to impair military performance significantly.
Medical Evaluation Board and Physical Evaluation Board: These boards assess medical evidence, including records and healthcare provider opinions, to decide a service member’s fitness for continued military service.
Medical Discharge: An honorable discharge for medical reasons, with benefits varying based on the condition’s nature, service length, and military branch policies. Benefits can include disability compensation, VA healthcare access, and transition assistance.
Military Medical Retirement: For service members with severe, service-connected medical conditions or disabilities. Those who are medically retired receive a pension and full retirement benefits, such as Tricare, commissary access, and more.
Appeals: Service members can formally appeal the medical board’s decision if they disagree with the outcome.
Military Discharge Upgrades
Your DD 214 is crucial for employment and veterans’ benefits post-military separation. Less-than-honorable discharges can hinder job prospects and benefit eligibility. Service members discharged under General or Other than Honorable conditions can seek an upgrade through their service’s Discharge Review Board.
Our attorneys assist in securing favorable upgrades, considering factors like discharge reasons, PTSD/TBI/MST, time since discharge, community service, employment history, education, family ties, and reference letters. You can petition the Board within 15 years of discharge for documentary review and personal appearance.
Guidance Through BCMR Cases for Military Record Corrections
The first step in the military records correction process is petitioning the Board for Correction of Military or Naval Records, or BCMR/BNCR. The Board allows you to review any record you wish to change within three years of the error. You can make a formal request to implement that change by board members.
Sometimes, the Board may not rule in the service member’s favor, and the service member will be allowed to appeal their case to the Court of Federal Claims or United States District Court. The issues brought before either Court will be confined to those brought before the Board.
Our team specializes in military records correction and can assist you in petitioning the Board, thereby increasing your chances of a successful outcome for your case.
Advocacy for Competency Review Board Proceedings
If accused of misconduct, U.S. military members may face demotion by a Competency Review Board, risking pay loss and damaged reputation. The Federal Practice Group’s military lawyers, experienced in Competency Review Board cases, offer specialized representation. Our team, including former judge advocates, understands the stress and supports every service member’s right to fair representation in these non-evidence-based proceedings.
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Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.