Involuntary Separation
Facing Involuntary Separation? We're Here to Help
Joining the military often comes with the expectation of a lifelong career, but involuntary discharge can disrupt these plans. Our experienced military lawyers specialize in representing clients across the U.S. facing involuntary separation, ensuring your rights are defended against the formidable challenge of the U.S. government.
Our team understands the complexities of involuntary separation. Reasons range from misconduct under the Uniform Code of Military Justice (UCMJ) to civilian criminal convictions. No matter the reason, your career and benefits can be impacted.
Our attorneys, including service members, guide you through this process with dedication and knowledge.
Protecting Your Rights in Involuntary Separation
There are many reasons why a member of the US Armed Forces receives an Involuntary Separation. These include: misconduct under the UCMJ, a criminal conviction in civilian court, or simply being deemed unsuitable for continued service.
Involuntary separation not only effectively ends your military career but can also affect your benefits. 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.
It is important to contact a seasoned attorney to ensure that your rights are protected.
Our military law attorneys are well-versed in the Administrative Separation Process. Depending on the circumstances of your case, you could face additional charges that can put your future at risk. We understand what you are facing and the stress you are going through.
Involuntary Discharge Attorneys You Can Trust
Enduring an involuntary separation can be a harsh reality, stripping away honors and benefits. Our team is comprised of retired and active military personnel. We empathize with your situation and are committed to achieving favorable results.
Contact us for a consultation and safeguard your future against involuntary separation repercussions.
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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.
The military lawyers at FPG are former Judge Advocates, with years of experience in both the military and on the civilian side. They have been successful in getting their clients acquitted of criminal charges at Court-Martial, and have successfully had Court-Martial convictions overturned on appeal and discharges upgraded.