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Administrative Separation Strategy

Administrative Separation Strategy. If you have been initiated for separation your military lawyer should have an administrative separation strategy for you. There are a number of different strategies to discuss with your administrative separation attorney and these depend primarily on the existing evidence. This is true whether or not you are having an in-person hearing at a board or you are forced to make your case to the separation authority on paper. Sometimes the evidence is overwhelmingly against you, for example, if you confessed to a crime, confessed to the misconduct at the GOMOR rebuttal stage, or forensic evidence has you in a hole. This might mean your best strategy is to fall on your sword, say you are sorry, but explain your actions, bring in witnesses to talk about how great you are, and present to the board members or separation authority all the great things you have done in your military career. Sometimes though, the evidence is weak and the Government will have difficulty meeting the burden of proof. Here is when you can attack on the merits. Whether you are presenting evidence to the board members in person or on paper to the separation authority, it is imperative that your administrative separation attorney is organized in the presentation. Your administrative separation lawyer needs to connect the dots for the fact finder and not leave them confused or guessing as to why certain evidence is being presented.  And remember, just because you are attacking the Government’s case on the merits, you can still present evidence of what a great service member you are and how the military would benefit from your continued service. Once you have been initiated for administrative separation or officer elimination, you should receive a copy of the evidence against you and you can talk to your administrative separation lawyer about his or her recommended administrative separation strategy. If you would like a free and confidential case evaluation with an experienced administrative separation attorney (View Results).

Contact us for a free and confidential case evaluation using the form below or by calling us at (808)358-7318

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