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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 matters involving 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 national security.

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.

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