Administrative Separation Puts Your Entire Future at Risk

An administrative separation (ADSEP) board is one of the most consequential processes a Marine can face. Unlike NJP or minor disciplinary actions, separation proceedings can remove you from the Corps, end your military career, revoke benefits, and leave you with a stigmatizing discharge characterization.

Commands often move quickly, relying on incomplete investigations or one-sided interpretations of events. Many Marines do not fully understand their rights—or how much influence they can have—before the board convenes.

Military Justice Attorneys provides strong, strategic representation for Marines facing separation due to alleged misconduct, substandard performance, drug involvement, pattern of behavior, or other bases for separation. As former Marine Judge Advocates, our attorneys understand the culture, expectations, and realities of Marine Corps service, allowing us to mount an aggressive and informed defense aimed at preserving your rightful place in the Corps.

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What Is Administrative Separation?

Administrative separation is the process the Marine Corps uses to discharge Marines who are alleged to have violated regulations, displayed unacceptable performance, or engaged in misconduct. Unlike court-martial, administrative separation is non-criminal—but its consequences can be equally serious. A Marine may be separated with:

  • Honorable
  • General (Under Honorable Conditions)
  • Other Than Honorable (OTH)

The characterization determines access to benefits, employment opportunities, reenlistment potential, and long-term reputation. Marines facing certain types of separation—particularly misconduct-related bases—are entitled to an administrative separation board, where a panel of three members evaluates the evidence and determines whether separation is appropriate.

You can learn more about the military justice framework governing separation actions under the Uniform Code of Military Justice by visiting the Joint Service Committee on Military Justice at https://jsc.defense.gov/.

The Benefits of Working With a Military Defense Attorney for Administrative Separation

  • Thorough Case Review and Investigation - Your attorney examines the command’s evidence, identifies inconsistencies or procedural errors, interviews witnesses when needed, and prepares a comprehensive strategy for defending your retention.
  • Powerful Advocacy at Your Separation Board - An experienced attorney presents your case, challenges the government’s witnesses, cross-examines investigators, and highlights your service record, mitigating factors, and evidence supporting retention.
  • Protection From Career-Ending Consequences - A negative discharge can undermine your civilian employment, benefits, VA eligibility, and professional future. Your attorney fights to prevent unfair or unsupported accusations from ending your Marine Corps career.
  • Protection From Career-Ending Consequences - A negative discharge can undermine your civilian employment, benefits, VA eligibility, and professional future. Your attorney fights to prevent unfair or unsupported accusations from ending your Marine Corps career.
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Is Administrative Separation Defense Relevant to My Situation?

You may require immediate representation if you:

  • Received written notification of administrative separation
  • Were told you face misconduct, pattern of behavior, or drug-related allegations
  • Believe your command’s evidence is incomplete or inaccurate
  • Are accused of misconduct despite no NJP or court-martial
  • Face an OTH discharge that could affect your benefits
  • Want to fight for retention but do not know how to present your case
  • Are dealing with command-directed investigations tied to the separation

Administrative separation commonly arises from:

  • Drug use or possession
  • Alcohol-related misconduct
  • Pattern of misconduct
  • Domestic incidents
  • Failure to adapt
  • Commission of a serious offense
  • Insubordination or disrespect
  • Poor performance or inability to conform

If your continued service is being questioned, an attorney can provide the structure and strategy necessary to protect your future.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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The Administrative Separation Process What to Expect

1. Notification and Rights Advisement

You receive formal notice detailing the basis for separation and potential characterization. Your attorney reviews the notice and ensures you understand your rights and options.

2. Evidence Review and Defense Preparation

Your lawyer evaluates the command’s evidence, gathers favorable statements, collects service history, obtains documentation, and prepares to challenge inaccuracies during the board.

3. Administrative Separation Board Hearing

At the board, your attorney cross-examines government witnesses, presents defense witnesses, introduces evidence, and argues for retention or a more favorable characterization of service.

4. Post-Board Review and Appeals

If separation or an adverse characterization is recommended, your attorney can pursue post-board relief, including appeals, BCNR petitions, or discharge upgrade applications.

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Case Results We’ve been in the fight & know how to win

View All Results

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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REACHES RETIREMENT

A Marine Master Sergeant (E-8) suspected of misconduct and questioned in multiple JAGMAN investigations reaches retirement.

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NO ADVERSE ACTION

Quantico, Virginia. No Adverse Action Against Marine Sergeant (E-5) Investigated for Alleged Article 92 Violations.

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NO ADVERSE ACTION

MCRD Parris Island, South Carolina. Marine SNCO arrested for suspicion of DUI onboard military installation.

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RETAINED

Camp Lejeune, North Carolina. Marine Raider Accused of Using Cocaine Wins at Administrative Separation Board Hearing.

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RETAINED

Camp Pendleton, California. Marine facing administrative separation due to a pattern of misconduct retained.

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HONORABLE DISCHARGE

Quantico, Virginia. Marine Corporal (E-4) Separated for Condition Not a Disability Receives Fully Honorable Discharge.

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RETAINED

Parris Island, South Carolina. Charges dismissed against Marine charged with recruit abuse, retained at board.

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HONORABLE DISCHARGE

Camp Lejeune, North Carolina. Marine Raider Pending Criminal Charges Faces General Discharge, Receives Honorable.

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UNSUBSTANTIATED

Camp Lejeune, North Carolina. Allegations of hazing unsubstantiated against Marine Corporal (E-4), earns promotion.

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After Your Separation Board What Comes Next

If the board recommends retention, your Marine Corps service continues. If separation is recommended or approved, your attorney can continue supporting you through:

  • Discharge upgrades
  • Correction of military records
  • VA benefits issues
  • Civilian employment concerns
  • Future petitions for relief

A negative characterization does not have to define your entire career—legal remedies are still available.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Worth. Every. Penny."

The team is professional, surg...

Don't waste your time scrolling for other representation. I'm an Active Duty Marine who's been in approximately 18 years. I had two allegations that were unsubstantiated due to Gerald Healy and Clare Hodge's phenomenal representation. The team is professional, surgical, likable, and subject matter expertise is second to none. Worth. Every. Penny.
-CHIEF WARRANT OFFICER 2, USMC

"Successful Discharge Upgrade!"

My discharge was upgraded to F...

Josh was professional, understanding and very clear on his plan to assist and appeal my discharge to the Naval Discharge Review Board. Thanks to his expert guidance and instruction, the process went smoothly, and I am grateful for the positive outcome. My discharge was upgraded to Fully Honorable and Josh worked incredibly hard for me every step of the way.
-Marine Veteran

"Fearless, aggressive and confident defense lawyer."

Attorney Gerald Healy is the g...

General Court-Martial 2015 for an alleged kiss with two charges and two specifications each charges. Attorney Gerald Healy is by far one of the most experienced, fearless, and confident defense lawyer I have ever known. He fought for me in my very complicated case in the Marine Corps. In his insurmountable knowledge and years of experienced in Military Laws and Regulations, he was successful in defending my case and getting all the charges fully acquitted.

Attorney Gerald Healy is the guy who never gives up. He kept me updated on my case. He is a very approachable lawyer and he will address all your concerns as much as he can. As a matter of fact, though his duty and responsibilities to me has been long done, he was still helping me address my concern in providing certain documents I have been looking for. I owe him a lot. He saved my life.

I would not hesitate to recommend Attorney Gerald Healy to anybody when they need a lawyer. He is the kind of guy you want to get when you need a lawyer to fight your battle against the world. He is worth every single penny that you would pay for a lawyer.

-CORPORAL, USMC

"Phenomenal Lawyer!"

I seeked out legal assistance ...

I got caught up in a situation that escalated almost beyond my control. I seeked out legal assistance and found Joshua Hill online. He is a great lawyer and helped me stay in the Marine Corps. I highly recommend him as an attorney and if I know people who need an attorney Joshua Hill would be the first I tell them to contact. Overall great person and attorney that is more than willing to help and is super understanding.

-LANCE CORPORAL, USMC

"Fantastic and Effective Attorney"

This is an effective and trust...

I have unfortunately had a wealth of experience with attorneys of various disciplines over a year and half period of legal battles including military, criminal, civil, and family law. Of the six attorneys I have had to retain in that timeframe, and the many others I have consulted with, Josh Hill has been hands down the easiest to work with.

Many attorneys will be difficult to reach or will try to nickel and dime you for every email or phone call. Josh is reliably easy to get in touch with, keeps you well informed, and has been nothing but generous and fair with his time and fees. The man has sound instinct and judgement, and fantastic planning and communication skills. He shifts gears quickly: we never had to go to bat for the initial reason I retained him – but the legal battlescape is capricious, and I later found myself on the hook for a matter that was related but not on the contract I signed. He was well within his rights to charge me new fees and write new contracts, but he didn’t pull that move. He stuck with me, applied my initial fees to the new task, and put a lot of work into my matter over a year and a half after I had first hired him for a different reason.

He constructed a 160-some page package for a two-star general on the ludicrous time constraint of about one week. His work directly resulted in the outcome that I desired. But here is the thing – I also listened to what he told me to do. If you do the same, you can have a good result. This is an effective and trustworthy attorney. What’s more, he is the only lawyer who I think legitimately cared about my outcome. If you are seeking a military law attorney, this is the one you should hire.

-STAFF SERGEANT, USMC

"Top Choice for a Military Defense Representation"

Mr. Hodge was relentless in hi...

After a false allegation of misconduct was leveled against me, I was placed on legal hold and not allowed to complete my obligated service in the timeframe expected. Special Court-Martial charges had been directed. I became a target of harassment, and my life was at an absolute standstill. I called MJA. Mr. Hodge was relentless in his defense of me. He did his own investigation and presented facts and circumstances that unquestionably absolved me of any wrongdoing under the UCMJ. He also made himself available 24/7. I reached my end of active service without charges or involuntary separation. I emphatically recommend Mr. Hodge and his team to any service member that needs a solid military defense lawyer advocating for them. Mr. Hodge should be your top choice!
-CORPORAL, USMC

"Mr. Hodge was relentless in his defense of me."

He did his own investigation a...

After a false allegation of misconduct was leveled against me, I was placed on legal hold and not allowed to complete my obligated service in the timeframe expected. Special Court-Martial charges had been directed. I became a target of harassment, and my life was at an absolute standstill. I called MJA. Mr. Hodge was relentless in his defense of me. He did his own investigation and presented facts and circumstances that unquestionably absolved me of any wrongdoing under the UCMJ. He also made himself available 24/7. I reached my end of active service without charges or involuntary separation. I emphatically recommend Mr. Hodge and his team to any service member that needs a solid military defense lawyer advocating for them. Mr. Hodge should be your top choice!
-CORPORAL, USMC

"Quality of the Highest Tier"

10/10 would recommend. I was e...

10/10 would recommend. I was extremely fortunate to stumble upon Mr. Healy during the early stages of my legal process. From the beginning, Mr. Healy was with me every step of the way, guiding me through the chaos of the military legal system. He broke down complex problems into easily digestible concepts that I would normally be hard pressed to understand. His extensive knowledge of the military legal system shows in his confidence and competency both in and out of the courtroom. Every step my command took against me, Mr. Healy was there to meet them with equal to greater push back. My process involved challenging a multitude of 6105s, adverse fitreps, and a final confrontation at an Administrative Separations Board. I’m happy to report a victory at the board that was originally thought not possible by other representation. To quote my military counsel upon achieving a victory at the board ‘Of all the civilian representation I have seen, both good and bad, he was one of the best.’ If there is one major takeaway, Mr. Healy gets results. If you want to win then you need the most suited Subject Matter Expert on your side. To any who reads this, you’re already in the right place. If you hire Mr. Healy, you will be hiring Quality of the Highest Tier.
-SERGEANT, USMC
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Why Choose Military Justice Attorneys?

Marine Judge Advocate Experience You Can Trust

Our attorneys served as Marine JAGs and understand how commands evaluate evidence, how board members think, and how to present a compelling case grounded in Marine Corps values.

Aggressive Defense Against Weak or Unfair Allegations

We challenge unreliable evidence, expose investigative flaws, and present a strong, fact-driven retention case that reflects your true service.

Dedicated Representation Focused on Preserving Your Future

We provide accessible, personal, and mission-driven advocacy designed to protect your rank, benefits, and professional reputation. Military Justice Attorneys stands beside Marines because we understand what your service means—and what losing it would cost.

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Administrative Separation Defense FAQs

What discharge characterizations can result from administrative separation?

A Marine may receive an Honorable, General (Under Honorable Conditions), or Other Than Honorable (OTH) discharge. While Honorable and General discharges preserve many benefits, an OTH can severely impact employment, VA benefits, and long-term opportunities. An attorney helps safeguard your characterization.

Do I have the right to a lawyer at my separation board?

Yes. You have the right to be represented by military counsel or hire a civilian attorney. A civilian lawyer can dedicate significantly more time and resources to your case, providing strategic preparation, evidence development, and forceful advocacy at the board.

Can I fight to stay in the Marine Corps?

Absolutely. Many Marines successfully fight for retention. An attorney helps show that separation is not justified, presenting mitigating evidence, witness statements, and your record of service to demonstrate your continued value to the Corps.

What if the allegations are based on flawed or incomplete investigations?

Commands often rely on NCIS, CID, or PMO investigations that contain errors or untested assumptions. Your attorney can challenge the accuracy of statements, expose investigative weaknesses, and present contradictory evidence to strengthen your defense.

Can I seek relief if separated with an unfavorable discharge?

Yes. You may request a discharge upgrade, seek correction of records through the BCNR, or pursue other remedies if your discharge resulted from injustice, error, or disproportionate punishment. An attorney can advise you on the strongest path forward.

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Fight for Your Service With Experienced Separation Defense

Schedule a confidential consultation today to begin building a strong defense against administrative separation and protect your commitment to the Marine Corps.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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