Sometimes, armed personnel might be excluded and separated from military service through a process called administrative discharge. The reason for this varies from sickness, small crimes to governmental decisions. This type of separation is not as harsh as appearing in court, but it has a similar long-term effect on one's societal status. Hence, if you're involved in a situation like this, the best decision you can make is to get a military discharge upgrade attorney to help you get the best treatment.
In some instances, because of an administrative discharge case you've had in the past, you might get denied some retirement benefits and social status. Usually, there are two categories of administrative discharge. The first one is notification processing which is the most common type. What happens here is that the respondent is notified, and the member's verdict is given in writings. Board methods will be employed if a member is eligible to get their case heard by a discharge board.
Several situations make a member eligible for a hearing. An example is when the leadership categorizes the member as part of "other than honorable standing." In some other instances, the criteria that make people eligible for hearing vary from place to place. You will automatically be eligible for a hearing in some places if you're non-commissioned personnel at the discharge time. Also, if the discharge serves a higher purpose or you've spent a predetermined number of years in service.
Typically, the administrative discharge board consists of officers more senior than the respondent, an attorney or counsel, and personnel that stand in for the command. Any panel does not supersede the board, and they can make use of any evidence they deem fit. Hence, information that might not hold water in a military court can stand alone in a board hearing. Besides, the board's ruling is dependent on available evidence instead of mere gestures.
Typically, the respondent has various rights at the hearing despite the enormous power that they wield. You can go to the hearing with a lawyer or without one if you wish. You can also question the eligibility and fitness of a board member to render just and reasonable rulings based on reliable facts. Hence, it is not a one-way court where whatever the judge feels stands. You also have the right to tender a statement, not say anything, request a witness appearance, or testify on your behalf.
In addition to these rights, you can question any witness the board presents or have your counsel do that for you. You can also tender any evidence, answers, affidavits, or any other related document to the court for consideration. Hence, a trained expert's services are required if you wish to have a fair and rewarding hearing. As soon as the board calls for a session, they will review all evidence and documents and deliberate behind the closed door by voting. They will find out if a discharge or retention is the way based on facts and recommendations. They can also decide on temporary probation. As soon as they reach a reasonable conclusion, they will forward the result to your seniors, who must carry out the order in most cases.