Servicemembers Civil Relief Act Centralized Verification Service

What is ADSEP (Administrative Separation) in the Military?

Posted by Roy L. Kaufmann

When someone enlists for the Armed Forces, they consent to follow military law. Serving in the military is an incredible opportunity. Unfortunately, one thing might lead to another, and there might be a time when a service member gets punished.

Among the many punishments service members should know about is ADSEP. What exactly does ADSEP mean, and what are the consequences of receiving this? We’ll discuss further below.

What is Administrative Separation?

A soldier looking down with a hand on his head.

ADSEP is short for administrative separation. This refers to a process wherein a military member or officer gets separated from the Armed Forces before their obligated service date. This is typically because of offenses or a commander’s firm belief that a person lacks potential in the military.

An ADSEP Board is technically not a court-martial. Also known as an administrative separation hearing, an ADSEP board is an employment hearing that aims to answer three questions, namely:

  • Is there a solid reason to have the military personnel separated?
  • Should the enlisted member be retained or separated from the military?
  • What kind of separation characterization does the service member deserve if they deserve to be separated?

Fundamentally, an administrative separation board allows a separation authority to instigate your transition to civilian life. This means you’re getting fired from the military, but your situation doesn’t warrant a court-martial.

When are you entitled to an Administrative Separation Board?

When facing an administrative discharge, you’re entitled to counsel or a lawyer. You have the right to know why you’re faced with an involuntary separation, the worst characterization of service you might be given, the potential consequences you’re facing, and the right to get copies of the sworn or unsworn statement to be forwarded to the separation authority.

You’re entitled to a board hearing instead of a mere paper rebuttal if your military career spans over six years of active duty service. You’re also entitled to this if military counsel has advised you that you might receive an ‘Other Than Honorable Discharge’ (OTH). An OTH can have a severe long-term effect on your military record, so you have the right to defend yourself.

Common Reasons for Separation through an Administrative Separation Board

Some of the common reasons you may be separated from your military branch include the following:

  • Misconduct: This may mean different types of behavior, including patterns of misconduct, minor offenses, or a severe crime.
  • Failure to uphold service values: The Armed Forces expects an enlisted member to act with loyalty, honor, and integrity. Military personnel who contradict these values may be involuntarily discharged from the military.
  • Civilian convictions: Military personnel guilty of severe crimes may lead to an ADSEP if it can be argued that the service member is no longer suitable to continue working in the military.
  • Medical conditions: In some cases, a service member’s health condition hinders their ability to work for the Armed Forces.

Types of Discharges in ADSEP

An administrative separation board can result in three characterizations of service: honorable discharge, general discharge (under honorable conditions), or OTH discharge (other than honorable).

If you’re given an honorable discharge, this means you’ve met the standards of acceptable performance and conduct. This is considered the best-case scenario when faced with an administrative separation board because you would still be entitled to veterans’ benefits. A person leaving military service for reasons outside their control or someone with many awards would likely receive this discharge.

A less desirable result from an ADSEP is under honorable conditions or a general discharge. This discharge implies that your performance or conduct is quite negative. It might be possible that your veteran benefits, like education benefits, may be affected if you’re given this type of discharge. You probably won’t be permitted to reenlist or sign up for another military branch as well.

The worst-case scenario is that you receive an other-than-honorable discharge. While you won’t be subjected to the stigma of a dishonorable discharge, you won’t be entitled to veteran benefits. Your civilian life might get affected, and it’s considered a negative mark on your military record.

Consequences of ADSEP

gavel and books

The immediate consequences of an administrative separation board include losing one’s pay, benefits of active duty service, and being separated from the military. However, the long-term effects depend on the characterization of the service you receive.

You retain all your VA benefits if you’re given an honorable discharge. If you receive a general discharge, you might have to forfeit select benefits, like education benefits. If you receive an OTH discharge, you forfeit all veteran benefits.

If you’re faced with an ADSEP military board, you’re entitled to the following rights:

  • Your legal advisor can file a “Bill of Particulars,” forcing the government to better expound on the factual evidence that justifies your separation.
  • You can appear before the board with or without legal counsel.
  • You can submit a statement or evidence on your own behalf.
  • You can request witnesses be called in your favor.
  • You can request the board be “Bifurcated” if the “Notice of Separation” doesn’t recite allegations that the government wants to offer.

Conclusion

An administrative separation can have severe long-term consequences on a person’s life. That’s why service members should familiarize themselves with the process and their rights. Among the legal concepts service members should know is the Servicemembers Civil Relief Act (SCRA).

Proving your military status is vital when maximizing one’s SCRA rights. This is where SCRACVS can help. SCRACVS can help service members secure evidence of their active duty status in as fast as one business day. Click here to sign up at SCRAVS and verify the active duty status.

Need Military Verification Without an SSN?

SCRAcvs assists you in active duty verification—no SSN required. Confirm SCRA eligibility quickly and confidently before taking any legal action.

FAQs

What kind of discharge do you get from an ADSEP?

The proposed separation would depend on various factors. If you’re being separated, you can get an OTH discharge, general discharge (under honorable conditions), or honorable discharge.

Does being summoned to an ADSEP mean you’re being removed from the military?

It is the most likely outcome, but it’s not always guaranteed. This process determines if you should be separated from military service.

What are the possible outcomes of an ADSEP board hearing?

The ADSEP board hearing decides if you should be retained or removed from the military. If you’re being separated, you can get an OTH discharge, general discharge (under honorable conditions), or honorable discharge.

Can I appeal an unfavorable decision from an ADSEP board?

Yes. It’s possible to appeal a less-than-ideal decision. You can choose to request reconsideration, ask for a Board of Review, petition the Secretary of the Service to review the c

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.