Nationwide Guidance for Discharge Hearings
Representation from Our Military Criminal Defense Lawyers
There are certain situations wherein an individual’s service with
the military may be involuntarily terminated. This separation occurs by
way of an administrative discharge. Fortunately, military personnel have
the right to a discharge hearing in order to contest whatever allegations
they may face, ranging from issues of homosexuality to
misconduct. Although an administrative discharge is a less serious situation than a
court-martial, it can not only impact your military service but can also affect your
future ability to get employment, your reputation and your eligibility
for Veterans’ Benefits.
Your rights during a discharge hearing are as follow:
- The right to appear in person with counsel
- The right to challenge a voting board member
- The right to request witnesses to attend the hearing
- The right to submit a testimony on your own behalf, whether it’s
an oral or written statement
By consulting a military attorney from Guy L. Womack & Associates,
P.C. you can learn more about what you are up against and what can be
done to prevent your administrative discharge. Guy L. Womack & Associates,
P.C. represents clients throughout the U.S. and internationally in all
military criminal defense, including discharge hearings. The firm’s headquarters are in Houston, Texas.
Put 40 years of combined legal experience on your side today. Call (713)
364-9913 to learn how our firm can help.
Administrative Discharge Hearing Process
Not all administrative discharges will be granted a board review. In some
cases, the member recommended for discharge must limit responses in writing.
A service member will be granted an administrative discharge hearing if
the member’s service will be classified as Under Other Than Honorable
Conditions (UOTHC or OTH), or in particular other situations based upon
the member’s rank, time in service. A hearing may also be granted
for matters involving homosexuality and a discharge in the interest of
Criteria that would automatically grant a Respondent a board hearing are:
- Rank: If the member is a noncommissioned officer at the time in which the
discharge process is initiated
- Time in service: If the member has spent a certain number of years in service
at the time of the discharge process
- If the administrative hearing serves the best interest of national security
A service member may or may not have legal counsel at his or her discharge
hearing. It is highly advised to consider at least consulting a military
criminal defense attorney regarding your matter, as the outcome of your
hearing can greatly impact your future. By having skilled and aggressive
legal representation at your hearing, you can be sure that your interests
are presented and that you have the opportunity to seek a positive case outcome.
Contact a military criminal defense lawyer at Guy L. Womack & Associates, P.C. for a free consultation.