Representative Cases Discharges | Summary Military Court-Martial | Nonjudicial Punishment | Administrative | AWOL | UA | Deserter

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.