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 free 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.