Your Discharge Characterization Is on the Line — Don't Face the Board Without a Fight
Your discharge status isn't a formality. It determines whether you leave the military with the VA benefits, education funding, and healthcare access you earned — or walk away with nothing. If you've received notice of administrative separation proceedings, you have the right to retain civilian counsel, present evidence, and make your case before the board. We help service members do exactly that.
What's Actually at Stake in an Administrative Separation Case
The difference between an honorable discharge and an Other Than Honorable (OTH) characterization isn't symbolic — it's financial and medical. An OTH discharge can eliminate your eligibility for VA healthcare, disability compensation, GI Bill benefits, and home loan guarantees. For a career service member, that gap can represent tens of thousands of dollars in benefits over a lifetime.
Military administrative separation lawyer cases hinge on characterization of discharge. That's the outcome worth fighting for — not just whether you stay in uniform, but what follows you out the door.
Boards of Inquiry vs. Boards of Separation: What You Need to Know
Administrative separation procedures differ depending on your rank and the circumstances of your case.
- Board of Inquiry (BOI): Applies to commissioned officers. A formal hearing before a panel of senior officers who evaluate the basis for separation and recommend a characterization of discharge. Officers facing a BOI have the right to military counsel, but also have the right to retain civilian counsel at their own expense — a right many service members don't realize they have.
- Board of Separation (Enlisted ADSEP): Applies to enlisted service members facing separation with six or more years of service, or when the recommended characterization is OTH. The board reviews the evidence, hears from witnesses, and makes a recommendation on both separation and characterization.
In both proceedings, the outcome is not predetermined. Evidence is presented. Arguments are made. Witnesses appear. The quality of your representation matters.
Common Grounds for Administrative Separation Proceedings
At Naval Submarine Base New London and installations across Connecticut, administrative separation proceedings most commonly arise from:
- Positive urinalysis results or drug-related incidents
- Security clearance violations or revocations
- Misconduct findings, including civilian criminal charges
- Pattern of performance deficiencies or unsatisfactory conduct
- Financial irresponsibility findings
- Fraternization or conduct unbecoming an officer
Regardless of the underlying basis, you have procedural rights — and those rights are worth exercising. A civilian military law attorney can help you understand the full scope of the board process, challenge the government's evidence, and present your service record and character in the strongest possible light.
You Have the Right to Civilian Counsel — Most Service Members Don't Know That
When administrative separation proceedings begin, the military will assign you a JAG officer as counsel. That officer may be competent and well-intentioned, but they carry a full caseload, answer to the chain of command, and may have limited experience with contested board hearings.
You are not required to rely solely on assigned military counsel. You have the right to retain a civilian ADSEP defense lawyer who works exclusively for you, answers to no one in your chain of command, and can dedicate the time your case requires. For a proceeding that will follow you for the rest of your life, that distinction is worth taking seriously.
Why Experience in Military Legal Proceedings Matters at a Board
Nearly Two Decades Inside the Military Legal System
Attorney Keith Anthony served four years as an active-duty JAG prosecutor handling courts-martial before transitioning to the Marine Corps Reserve, where he has continued to serve for nearly 20 years total. He has participated in military legal proceedings from both sides of the table — as a prosecutor, as a defense advocate, and as a senior reserve officer who understands how boards function and what they expect from counsel.
Board Proceedings Are Adversarial — Treat Them That Way
An administrative separation board is a formal hearing. The government presents its case. You present yours. The board weighs the evidence and makes a recommendation. Service members who walk in without civilian counsel, without a prepared evidentiary record, and without a clear narrative often receive worse outcomes than those who show up ready to contest the proceedings fully. We prepare every case as if the board's decision will follow our client for the rest of their life — because it will.
Local to Naval Submarine Base New London
Our Groton office is located within three miles of Naval Submarine Base New London. We regularly serve active-duty sailors, officers, and their families stationed at the base who are facing ADSEP proceedings, boards of inquiry, and related military legal matters. If you're stationed at Subase or at an installation elsewhere in southeastern Connecticut, we are the closest civilian military law firm with in-house JAG experience.
Five-Time Super Lawyers Recognition
Attorney Keith Anthony has been selected to the Super Lawyers list five times and received a Rising Star designation — recognition based on peer review and independent research. When you're facing a board that will determine your discharge characterization, credentials matter. We bring both the credentials and the courtroom experience to back them up.
CLIENT TRUST
Families Across Cedar Park Trust a Thoughtful Planning Process
Serving Service Members Across Connecticut
We represent service members at administrative separation boards and boards of inquiry throughout Connecticut, with particular focus on the southeastern Connecticut military community. Our offices in Groton, Guilford, and New Haven allow us to meet clients in person across a wide corridor of the state. Virtual consultations are also available for service members with limited availability due to duty schedules.
We serve clients stationed at or near Naval Submarine Base New London, as well as service members at other Connecticut installations and those facing proceedings through commands based elsewhere who need Connecticut-licensed civilian counsel.
Frequently Asked Questions About Administrative Separation Defense
Can I fight an administrative separation from the military?
Yes. Administrative separation is a formal process, not an automatic outcome. You have the right to appear before a board, present evidence, call witnesses, and make arguments in your defense. Retaining a civilian military administrative separation lawyer gives you an advocate who works solely for you and can prepare a full evidentiary case on your behalf.What is the difference between a Board of Inquiry and a Board of Separation?
A Board of Inquiry (BOI) applies to commissioned officers facing separation. A Board of Separation applies to enlisted service members with sufficient service time or when an OTH characterization is recommended. Both are formal hearings where evidence is presented and a recommendation is made — but the procedures, composition, and applicable regulations differ between officer and enlisted proceedings.How does discharge characterization affect VA benefits?
An honorable discharge preserves full eligibility for VA healthcare, disability compensation, the GI Bill, and VA home loan guarantees. A general discharge under honorable conditions may preserve some benefits but can affect others. An Other Than Honorable (OTH) discharge typically results in a loss of most VA benefits. The VA makes its own benefits determination, but characterization of discharge is the primary factor — which is why fighting for the best possible characterization is the central goal of ADSEP defense.Will my assigned JAG counsel be enough, or do I need a civilian attorney?
Your assigned military counsel has an obligation to represent you, but they also carry a full caseload and operate within the military system. A civilian ADSEP defense lawyer answers to no one in your chain of command, can devote more focused attention to your case, and brings an outside perspective to board strategy. For high-stakes proceedings where discharge characterization is at issue, civilian representation is worth serious consideration.How quickly do I need to act after receiving an administrative separation notice?
Response deadlines in administrative separation proceedings are short — often 10 to 30 days depending on the branch and the basis for separation. Missing a deadline can limit your procedural rights. Contact a military law attorney as soon as you receive any notice of separation proceedings so your options remain fully open.
The Board Is a Proceeding, Not a Formality — We Treat It That Way
Administrative separation boards carry real consequences for the rest of your life. We prepare every case with that weight in mind — reviewing the underlying record, challenging the government's evidence, building a character and service narrative, and showing up to the board ready to fight for the best possible outcome. If you've received notice of ADSEP proceedings or a board of inquiry, contact us now. The earlier we get involved, the more we can do.