Representative Cases Discharges
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Administrative Discharge Notification Actions
Administrative Discharge Boards
An E-3 was being discharged for having a civilian
conviction for a sexual offense with a minor and for other
disciplinary infractions. Mr. George represented the client
at an administrative discharge board arguing that, despite
the infractions, the client had rehabilitated himself and
had a stellar work record since the time of the conviction.
The board found that there was a basis for discharge but
ultimately retained the client on active duty.
An 0-4 was being discharged for unsatisfactory
performance with his commander recommending a
General characterization. The client desired to separate
and waived his board unconditionally. Mr. George
forwarded a detailed memorandum with the waiver
pointing out the weakness of the facts underlying the
discharge. The service Secretary granted an honorable
discharge.
An E-3 was being discharged for a pattern of misconduct.
Mr. George drafted a memorandum discussing the most
recent incident which was the catalyst for the discharge
and involved an abuse of authority by security forces
personnel. The client's commander withdrew the
discharge.
An E-5 was being discharged for failure to progress as a
result of failing two career development tests. Mr. George
negotiated an opportunity for the client to take the test a
third time in order to avoid discharge.
An E-7 was convicted in civilian court for statutory rape,
and incarcerated for a term of ten years. As a result, an
administrative separation board was convened by the
military. Ms. McCarthy represented the client at the
administrative separation board, and argued that the
evidence upon which the service member was convicted
was questionable, and the service member should be
given the benefit of the doubt. The service member was
discharged, and given a characterization of “general”
rather than other than honorable, which saved some of
his benefits.
These are representative cases from our
representation of military members. Please note that
each case is unique and has specific legal and factual
circumstances which affect the result. These cases
are provided for informational purposes only and are in
no way a guarantee of any particular result in a future
case.