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Administrative Separation & BOI


Types of Military Discharge

There are two types of discharge from the military: administrative discharge or punitive discharge.

Administrative Separation

Military members facing administrative separation are entitled to due process. In certain situations, they may be entitled to an administrative discharge board. First, when a member has achieved a high enough grade/rank or long enough time in service, they are entitled to a board for any early discharge. Second, when the commander is pursuing an Under Other Than Honorable Conditions Discharge, the member is entitled to a board.

Types of Discharges

With an administrative separation, there are three possible ways to characterize the member’s service:

Honorable: An honorable discharge ensures a veteran is eligible for all the benefits they have earned during their time in service. It tells civilians you served your country with the highest level of dignity and personal conduct. You will normally receive an Honorable discharge at the expiration of your obligated service. You can also be separated early with an Honorable discharge through processes like a discharge for childbirth or a medical discharge for a condition not a disability.

General: A general discharge is given to those who’s service was satisfactory, though fell short of expectations in some areas. It usually follows disciplinary issues documented through letters of counseling, 6105’s, or nonjudicial punishment. It can limit the veteran’s access to certain benefits, most notably, the GI Bill.

Under Other Than Honorable Conditions (“OTH” or “UO”): This is the lowest characterization under which a servicemember can be “fired” administratively. It indicates there has been serious misconduct during the member’s service. This type of discharge can severely limit access to any veterans’ benefits and limit civilian employment.

Punitive Military Discharge

A punitive discharge can only be adjudged as a sentence in a court-martial. You cannot receive any of these types of discharges through the administrative discharge process. There are three types of punitive discharge:

  • Bad Conduct Discharge: A Bad Conduct Discharge applies only to enlisted persons and can only be adjudged by a general court-martial or a special court-martial. It cannot be imposed in a court-martial that has been referred to trial by Military Judge Alone. It is less severe than a Dishonorable Discharge but still carries a significant stigma that will affect a person for the rest of their life.
  • Dishonorable Discharge: A Dishonorable Discharge applies only to enlisted persons convicted of offenses in a General Court-Martial for which a dishonorable discharge is the maximum punishment is authorized under the Manual for Courts-Martial. It is a severe punishment reserved for those who should be separated under conditions of dishonor.
  • Dismissal: A dismissal is the equivalent of a Dishonorable Discharge, but it is imposed on commissioned officers, commissioned warrant officers, cadets, and midshipmen who have been convicted in a General Court-Martial for offenses for which the punishment is authorized under the Manual for Courts-Martial.

The Process for Enlisted Administrative Separation

Each service has slightly different regulations for the administrative separation process. However, there are always only two methods a command can use to separate an enlisted servicemember: Notification Administrative Separation or Administrative Separation Board.

Notification Administrative Separation

You are not entitled to an administrative separation board when

  • You are enlisted,
  • You have less than 6 years of time in service, and
  • The command is seeking no lower than a General discharge characterization.

If that is the case, the command will notify you of the discharge on the service’s applicable notification form. The notification will state the basis for the administrative separation and the lowest characterization possible in your case.

You will then elect your rights. You have the right to see the evidence the command is relying on. You have the right to respond in writing. You have the right to review by the General Court-Martial Convening Authority.

In the Air Force, you have the right to representation by an Area Defense Counsel. However, in the Navy, Marine Corps, Army, and Coast Guard, you only have the right to consult with counsel. They can provide only a limited scope of representation.

At KMD, we provide the full scope of representation, including talking extensively with our clients with no time limit, preparing robust packages of evidence rebutting the allegations, and providing in-depth legal analysis for the Commanding Officer’s consideration. Notification administrative separation cases can be hard to fight, which is why it is important to have a strong defense. It is even more difficult to fight the discharge after the fact through the discharge upgrade process . That is why you should consult with a military defense lawyer who ensures you have the best chance at a favorable result.

Administrative Discharge Board/Administrative Separation Board (ADSEP Board)

If you are enlisted and have more than 6 years in service, you are entitled to an administrative separation board. In the Air Force only, you are entitled to an administrative discharge board if you are a noncommissioned officer on the date of notification, regardless of your years in service. Enlisted members of all ranks and time in service are entitled to an administrative separation board if the command is seeking an Under Other Than Honorable Conditions discharge characterization.

You will first be notified of the administrative separation. You will elect your rights. The initial election of rights involves your choice of counsel – military and/or civilian defense counsel. In all services, you are entitled to a military defense counsel to represent you at the administrative discharge board.

There is a lot of preparation that goes into presenting your case at an administrative separation board. You have significantly fewer due process rights at a board than you would at a court-martial, so it is imperative that you have someone creative advocating for you. The rules of evidence don’t apply, so even if evidence was seized illegally, or a statement was taken from you in violation of your rights, those can be shown to an administrative separation board.

You have the right to present your own statement to the board, orally, in writing, or both. The manner of presentation is essential to making sure your case resolves as favorably as possible. Again, it is extremely important that you are represented by someone you believe has your best interests at the forefront of their mind. KMD takes all the time necessary to patiently and fully prepare our clients for their statement to the administrative discharge board.

Officer Notification Administrative Separation

Officers can also be separated through notification procedures or via a Board of Inquiry. If the officer is a probationary officer on the date of notification, and the characterization of service the command is seeking is no less than a General discharge, are only entitled to a notification administrative separation that looks exactly like the enlisted process, except the discharge is reviewed and decided on by the service Secretary.

Board of Inquiry (BOI)

Officers who are no longer probationary officers, or those whose command are seeking an Under Other Than Honorable Conditions characterization of service are entitled to a Board of Inquiry. A Board of Inquiry is substantially the same as an enlisted administrative discharge board, with the exception that the board members must be comprised solely of officers that outrank the officer facing the Board.

What happens on the day of the board/BOI?

The exact process varies between each service, but they generally follow a similar format.

First, the potential board members are questioned to ensure they are not biased. They are picked by the Convening Authority, which is the same person who orders the board. That makes it even more important that your counsel exercise the skill required to fully question the board members to make sure they’re the right people to hear your case.

Next, the government presents its documentary evidence in the form of a binder. The Defense has the ability to object to any evidence presented based on the limited grounds contained in the relevant instructions. The Defense presents its documentary evidence, and the government has the right to object as well. The government and Defense both have the opportunity to present witnesses. Once all the evidence has been presented, the board members deliberate.

The board members must decide the following questions in order:

  • Is there a basis to believe the charged conduct has been committed?
    • If the answer to the question is no, the case ends there. You stay in the military.
  • If yes, should the member be separated?
    • If the answer to that question is no, the exact possible outcomes vary by service. In the Navy, for example, retention is simply a recommendation, and you can still be separated.
  • If yes, what should the characterization of service be?
    • The convening authority cannot impose any worse characterization of service than what the board recommends.

The board can also recommend your separation be suspended, generally for a period of 6 months. Suspension is also only a recommendation that can be ignored at the discretion of the convening authority.

Why is your choice of military defense attorney so important?

At KMD, we pride ourselves on our team approach to every client’s case. When the stakes involve the loss of your career, potential retirement, and long-term impacts on your ability to obtain civilian employment, you need to make the right choice about who the leader of that team should be.

You need someone who will listen to you, think creatively, and advocate tirelessly for the best possible outcome in your case.

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Kral Military Defense

Military Defense Attorneys

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*Please note, KMD does not handle cases involving the Department of Veterans Affairs, disability claims, or family law matters.

When I retained Ms. Kral, I was a nervous wreck. As she worked with me over the course of 18 months, she was compassionate and was able to assure me that I would have a future. Even my command JAG assured me I’d be alright when I hired her. I couldn’t have asked for a better outcome with my case. Ms. Kral should be your choice if you need a military defense attorney.
Chad S.
Chad S.
1710955344
Abbigayle Hunter and her legal team, especially Danielle Espinosa, were exceptional! The communication was prompt, professional, and thorough. From the moment we reached out to them, they showed a genuine interest in understanding our case and providing us with the best legal representation possible.Abbigayle Hunter and Danielle Espinosa, went above and beyond to ensure that we were kept informed throughout the entire legal process. They promptly responded to our emails and phone calls, addressing any concerns or questions we had. Their attention to detail and extensive knowledge of the law instilled confidence in us that we were in capable hands.Not only did Abbigayle Hunter and her team provide us with excellent communication, but they also displayed a remarkable level of expertise. They meticulously examined every aspect of our case, leaving no stone unturned. Their dedication and commitment to our case were evident in the meticulous research they conducted, the thorough documentation they prepared, and the persuasive arguments they presented.Abbigayle Hunter not only possessed an impressive understanding of the law but also had excellent negotiation skills. Her tirelessly advocated on our behalf, ensuring that our interests were protected and our rights were upheld. Their ability to navigate complex legal matters and maneuver through any obstacles that arose was truly remarkable.
Rufus B.
Rufus B.
1708111759
Stephanie and her team were AMAZING! I found her through a mutual friend and she handled my case with care and compassion. Even her team checked on me, answered all my questions I had, overall she made sure everything was token care of during the ENTIRE process! When she told me “don’t you worry, that’s my job” I truly believe her and in the end she got the results that I am so grateful for! Hopefully I won’t have to go through the process again but if I have to she will most definitely be the woman I WILL call on! Thank you so much Stephanie and Danielle you both made this process a lot less stressful with your knowledge and compassion towards me and my case!!!
Kourtni B.
Kourtni B.
1708006943
Steph and her team worked diligently to ensure all evidence or lack there of was thoroughly examined. Her knowledge and experience within the military justice system gave me piece of mind throughout the process as she was well versed in the way everything played out. My family and I are grateful for the hard work and professionalism displayed by everyone on her team. Thank you!
Jonathon L.
Jonathon L.
1703454014
There are many things that I could say about this particular law firm, but instead of going into the weeds on my particular case, I feel as though brevity would be the best choice here. I was primarily represented by Ms. Abbigayle Hunter, and in short, I believe the representation by Ms. Hunter was above reproach. I couldn’t have asked for a better legal professional to handle the complexities of my particular case. She was transparent, punctual, and actually made me feel as though she was personally invested, despite the fact that she had already been paid for representation. She didn’t sugarcoat hard truths and was very up front about all different aspects relating to my case. It was comforting in a way that she was also a fellow service member, and it made me feel as though she took this case to heart and it added another level of drive to the case. Ms. Hunter has a certain tenacity in the courtroom that I found very refreshing to witness, and I would strongly recommend her to anyone else seeking legal advice. Would actively seek to be represented by her again, though also hoping it’s never needed.
Tim M.
Tim M.
1698797485
I wish you could give more than 5 stars. She deserves 10!! This was a huge decision for our child, but she was worth every penny and more. As a mom I was really concerned about him spending the money on an attorney since you never know what you’re going to get. Our child mentioned this to Stephanie and she called me to answer all my questions. She went above and beyond what was required of her, not just with the phone call but with everything she did. The case went on for longer than we had ever imagined. She never wavered in her dedication. I was honestly shocked at just how hard she worked. If only I could express in words the heart felt gratitude, we feel towards her. She fought so hard and we knew we could trust decisions she made. When ever our child would update us, we would ask what Stephanie thought. We never could have imagined finding an attorney who we trust as much as we trust her. I don’t believe you will find an attorney who will fight as hard for you as she will. I consider her a part of our family and am so very blessed to have gotten to know her. She’s an amazing attorney and an even more amazing human being.
Shelly B.
Shelly B.
1692130341
You never expect to need an attorney while you are serving in the Military. You even procrastinate thinking you can manage the simplicity of your case, because after all, you are innocent, and you think the Government will recognize that. However, sometimes simplicity is not a government characteristic and things can spiral out of control. If you are a service member and ever need legal assistance, I implore you to call an Attorney.You will want a knowledgeable attorney with a military background, extensive NLSO connections, who shoots straight and will be the sharp end of your legal sword.Stephanie Kral was my attorney through 3 years of managing my case against the U.S. Gov. and without Stephanie and her team, it would have been a nightmare. I am fortunate to have enlisted her services and had the opportunity to watch her navigate the complexities of military law. She is everything you will want in an experienced attorney for both simple and complex cases. Call them immediately!
Marty S.
Marty S.
1666805500
The paralegal Danielle is one of the best I have worked with. She was and is still one of my mentors in my career and life. She took care of me a many others as a defense paralegal manager. She always makes time for you. Her knowledge and her compassion for taking care of people is why she is who she is!! The Best! She is someone you will always want on your side. She is truly one of the best people I know!!!!
Tasha S.
Tasha S.
1661394788
Stephanie is the most professional, well respected, and most genuine legal person that I know in the business. After working with her, from the moment we talked to the time she finished my case, she gave not only 100 percent of her time and dedication but also complete devotion to my needs, advise, and my case without hesitation. Her extensive background in military law coming from her military background as a Major in the United States Airforce and now civilian law comes unmatched. Her dedication to protecting the rights of military members speakes for itself with the flawless record she has out there in the fleet. Words cant express enough what she has done for me and my family ensuring I got the fairest case available and the best outcome there was. Thank you Stephanie. She is the best there is!!
Anthony B.
Anthony B.
1658375584
Fortunately, I have not had to use these services however, once I heard Danielle worked here I knew I would be in good hands should I ever need assistance. Danielle was my paralegal supervisor when I was first entered into the paralegal career field and she changed my career trajectory for the better. She paved the way for me to promote through the ranks and managed my training phase from an apprentice to a journeyman in the career field. She has expert knowledge and provides candid feedback to those who ask. She's an all around professional.
Don G.
Don G.
1657488110
I have been attempting to write this review for Stephanie for 3 months, Everytime I write it I delete it because I don’t think it’s good enough. This review was long past due but To the individual that may be facing any type of legal troubles from the bottom of my heart this is THE lawyer that you want on your side. At the age of 21, I faced 20 years in prison for a crime I did not commit. Stephanie is the definition of top-tier no words can describe how grateful I am for Stephanie and her team. She not only got my case dismissed, but she gave me my life back, for 2 1/2 years I was stuck in South Korea my command didn’t allow me to take leave. When I told Stephanie she dropped everything and went above and beyond, Steph personally told the government they better allow me to take leave to see my family. THE SAME DAY! They granted me 45 days of leave & when I came back I received a call from Stephanie, yelling with joy “ they are dropping all the charges “. Stephanie is that lawyer you see in movies who always wins, even when you feel like something isn’t going right Stephanie is always in control. Not only did the government lawyers respect her, the judge respected her , the Commanding General respected her and knew her name. So all I can say is thank you Stephanie and if you’re someone who truly needs help this is your lawyer ! Stephanie told me I was her second longest case that she ever had but one thing I can always guarantee about Stephanie is she never lacks when it comes to communication anything you wanna know anything you should know she will let you know Stephanie is an open book she tells you how it is she’s not gonna lie to you or waste your time.From the bottom of my heart thank you Stephanie !
Darrell L.
Darrell L.
1650927518
Steph is the best in the business. She is compassionate, hardworking, intelligent, diligent, and knowledgeable. As a fellow attorney and colleague, I have reached out to Steph to bring her on board and help with some of my toughest cases, knowing having her by my side would lead to the best possible outcome.She is a fierce advocate for her clients; she does not back down or take nonsense from anyone. She is one of the few attorneys I would never want to see on the other side of a case.If you are in a tough spot and in need of legal assistance, you will not find better representation than Stephanie Kral.
Daniel M.
Daniel M.
1646166439
Before I retired from the Air Force, I had a life altering experience. I was accused of some very serious crimes and facing major prison time if convicted. I was referred to Stephanie Kral by a legal advisor and man, was I happy that I obtained her service. This woman is a master of her craft. She was professional, focused, extremely through with her research and background information gathering. Mrs. Kral’s litigation skills are at extraordinary levels and once I’ve seen her 1st day in court I knew I was is great hands. I owe my life to Stephanie Kral and I would recommend her to anyone needing the best military criminal defense attorney around.
Erik M.
Erik M.
1646067417
Stephanie Kral is an amazing attorney. She went above and beyond and works tirelessly to get the best outcome. She is a caring and intelligent attorney who chooses to personally communicate with you along the way, always making you feel like a priority. Stephanie, Thank you for all you do!
Erin S.
Erin S.
1645927347
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About The Firm


Kral Military Defense defends members of America's military throughout the world. We do not maintain physical office space in the traditional sense. Instead, we offer secure video and telephone consultations and meet with current clients, as needed, at home and abroad.

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Suite 400
San Diego, CA 92108

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