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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

Your Naval Career Can Change in an Instant

Administrative separation (ADSEP) is one of the most dangerous actions a Sailor can face—even more so because it is not a criminal process and does not require proof beyond a reasonable doubt. Commands often initiate separation based on allegations, patterns of conduct, or administrative paperwork that may not reflect the full truth.

A single incident, misunderstanding, or biased evaluation can trigger a process that jeopardizes your rank, retirement eligibility, veteran benefits, and long-term career opportunities. Military Justice Attorneys help Sailors challenge unjust separations, defend their rights before administrative boards, and present compelling evidence to preserve their naval careers. When your service and reputation are on the line, strategic legal defense becomes crucial.

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What Is Navy Administrative Separation?

Administrative separation is the Navy’s process for removing a Sailor from service for reasons other than a court-martial conviction. The governing authority for Navy administrative separations is MILPERSMAN 1910, which you can learn more about at: https://www.mynavyhr.navy.mil/References/MILPERSMAN/1000/1900-Separation/.

It can result in separation with an Honorable, General (Under Honorable Conditions), or Other-Than-Honorable (OTH) characterization—each carrying different consequences. The impact of discharge characterizations on benefits is explained by the VA at: https://www.va.gov/discharge-upgrade-instructions/.

Common bases for separation include:

  • Misconduct (minor infractions, drug abuse, serious offenses)
  • Substandard performance
  • Alcohol rehabilitation failure
  • Pattern of misconduct
  • Commission of a serious offense
  • Civilian convictions
  • Medical or psychological conditions

Your ability to remain in the Navy may depend on the strength of your defense, documentation, witness testimony, and legal strategy.

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

  • Comprehensive Case Review and Defense Strategy - Your attorney examines the evidence, command paperwork, evaluations, and prior administrative actions to build a tailored defense aimed at retention or discharge characterization improvement.
  • Preparation for Administrative Separation Boards - Preparation for Administrative Separation Boards – For board-eligible Sailors, your attorney prepares witness lists, cross-examination strategies, documentary evidence, and arguments to demonstrate why separation is unwarranted or unjust. Administrative board procedures are outlined by Navy JAG, which you can learn more about at: https://www.jag.navy.mil/legal-services/dso/.
  • Protection of Rank, Benefits, and Long-Term Opportunities - An attorney helps safeguard everything from pay and GI Bill eligibility to medical retirement and reenlistment options.
  • Challenges to Procedural Errors and Command Misconduct - Commands sometimes mishandle timelines, notifications, or documentation. Your attorney identifies errors that may result in case dismissal or improved outcomes.
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Is Administrative Separation Defense Relevant to My Situation?

You likely need legal representation if you:

  • Received notification of administrative separation
  • Are facing drug-related allegations
  • Have multiple NJPs or adverse evaluations
  • Are accused of misconduct by your command
  • Were recommended for separation after Captain’s Mast
  • Believe your command acted unfairly or retaliated against you
  • Face an OTH recommendation that threatens your benefits

Retaining a skilled attorney is especially critical in cases involving:

  • Drug use or possession
  • Sexual misconduct allegations
  • Domestic incidents
  • Dereliction of duty or insubordination
  • Financial or security clearance concerns
  • Poor performance documented without proper counseling

Your future deserves a strong defense.

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 Murray

Partner

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 Navy Administrative Separation Process What to Expect

1. Notification and Rights Advisement

The command provides written notice explaining the basis for separation and the characterization being recommended. Your attorney explains your rights and timelines.

2. Evidence Review and Defense Preparation

Your lawyer collects evaluations, witness statements, command documents, and mitigating evidence to challenge the allegations or their severity.

3. Administrative Separation Board Hearing (If Eligible)

If you have enough years of service or face an OTH characterization, you may be entitled to a board. Your attorney prepares arguments, conducts cross-examinations, and advocates for retention or an improved discharge.

4. Command Decision and Appeal Options

After the board or command decision, your attorney may challenge errors, request reconsideration, or prepare follow-on actions related to records correction.

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

View All Results

NEGATIVE EVALUATIONS REMOVED

U.S. Navy Reserve. Negative Evaluation and Counseling Removed from Records for Senior Enlisted Sailor.

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NCIS GRANTS TITLING EXPUNGEMENT

Department of the Navy. NCIS Grants Titling Appeal, Removes Sailor from DCII, NCIC, and III Databases.

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ADSEP TERMINATED

San Antonio, Texas. Adsep terminated for Navy Petty Officer accused of ignoring orders from command.

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CAREER SAVED

Norfolk, Virginia. Navy Petty Officer investigated for alleged harassment of a fellow Sailor informally counseled.

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ADSEP TERMINATED

United States Navy Reserve. Petty Officer Third Class threatened with termination for refusing COVID-19 vaccine.

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NO MISCONDUCT

Pensacola, Florida. Separation Board Finds “No Misconduct” by Sailor Accused of Drug Abuse.

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"NO BASIS" FINDING ("DELTA-9" THC)

San Diego, California. Sailor Retained, Adsep Board Finds "No Basis" After Sailor Tests Positive for “Delta-9” THC.

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"NO BASIS" FOR ALLEGED SEX ASSAULT

Yokosuka, Japan. Adsep Board Unsubstantiates Sexual Assault Allegations, Retains Sailor in the Navy.

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RELEASED FROM CONFINEMENT

Camp Pendleton, California. Marine Lance Corporal (E-3) Accused of Domestic Violence Released From Navy Brig.

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CHARGES DISMISSED

Naval Base Coronado, California. Navy Senior Chief (E-8) under NCIS investigation avoids court-martial.

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View All Results
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After Administrative Separation What Comes Next

Even if separation occurs, legal assistance may still be necessary to pursue:

  • Discharge upgrades
  • Correction of military records
  • Review by the Board for Correction of Naval Records (BCNR)
  • VA benefits advocacy
  • Removal of adverse paperwork
  • Restoration of opportunities lost due to improper separation

Military Justice Attorneys remains committed to protecting Sailors long after administrative actions conclude.

Available 24/7 to Help Anyone in the World

Contact Us (843) 755-6535

Client Testimonials Their Words. Their Cases. Their Results.

View All Testimonials

"Professional and Understanding"

I'm very grateful that he went...

Mr. Healy was very professional and understanding. He was very fierce when he was speaking on my behalf and was very thorough with everything. I'm very grateful that he went to bat for me and saved me my job, my career and I would recommend him to any military member going through a situation I did. Thanks Gerry for all the hard work.

-PETTY OFFICER SECOND CLASS, USN

"Worth Every Cent if You Need a Military Defense Attorney!"

I cannot thank Gerry enough fo...

I had the unfortunate experience to become involved in an investigation on a Marine Corps Officer while I was TAD with the Marine Corps. I immediately began looking for a civilian attorney to help with the process. I came across the MJA website and put in a request for a consult. Gerry called that night and spent over an hour on the phone with me discussing the case until that point.After refusing NJP, the CO sent it for an administrative separation for my misconduct, but thanks to Gerry’s advice, I didn’t have substantiated charges as I had not gone to NJP where I would have no rights, It was not referred to court martial.I received the notice right as I was informed that I was on 48 hours notice to deploy in response to the COVID response. Gerry was able to get an extension for the response, and then was able to contact the witness I provided. His expertly written brief was worth everything I had paid for and was written so much better then I could have ever hoped to have written myself. Gerry was able to point out the flaws with the command’s lack of investigation, was able to cite case law to support why the charges were not supported and forced the command to look at my entire career. It was submitted and the day that Gerry followed up with the Command JAG, I was notified that the CO was dropping the charge for dereliction of duty and would issue a NPLOC for the Conduct Unbecoming Charge and a report of no misconduct was routed to PERS. I cannot thank Gerry enough for the work he put into my response and saving my career! I would recommend him to anyone and vouch that he is worth every penny to save your career.

-LCDR, USN

"The Best Choice for a Military Defense Counsel"

I trusted him with my career o...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.

-PETTY OFFICER THIRD CLASS, USN

"I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill."

When I was put under investiga...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.
-PETTY OFFICER THIRD CLASS, USN

"Titling & Indexing Petition for Expungement"

Josh Hill brought in a big win...

Josh laid a course of action to petition against a ‘titling’ from a military investigation on my criminal record and worked diligently through every step of the process to make my case. It was an uphill battle, requiring us to petition at each level of authority. It didn’t come quickly and certainly not without effort – but Josh Hill brought in a big win for me that will have a positive change for the rest of my life. He was open & honest from the start, didn’t make any promises & was real about what we were up against. What I appreciate about Josh is that he knows what he’s doing. I consulted with other attorneys & it seemed like a cash grab with them – but with Josh I could tell he had experience. There was a good chance my petition could have been denied, but Josh worked it through to put up the best fight we could & it really paid off.
-CHIEF PETTY OFFICER, USN
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Why Choose Military Justice Attorneys?

Extensive Experience Defending Sailors Across All Separation Types

From drug abuse allegations to performance-based separations, we have handled complex cases across all Navy communities.

Former Judge Advocates With Deep Knowledge of Navy Regulations

Our attorneys understand how commands interpret misconduct, and we know how to challenge weak or biased evidence effectively.

Dedicated Advocacy to Protect Your Service and Future

We deliver personalized, strategic defense that focuses on preserving your career and ensuring fairness throughout the process. Together, these qualities make Military Justice Attorneys a trusted choice for Sailors facing administrative separation.

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Administrative Separation Defense FAQs

Can I fight an administrative separation?

Yes. Many cases are successfully challenged through strong rebuttals, evidence presentation, and well-prepared board hearings. Commands do not always have sufficient or accurate grounds for separation, and an attorney can expose weaknesses in their case.

What happens if I receive an Other-Than-Honorable discharge?

An OTH discharge can severely affect veteran benefits, civilian employment, and future service eligibility. However, it may be appealed through the BCNR or upgraded later with proper legal support and evidence of injustice or error.

Do I automatically get a board hearing?

Not always. Eligibility depends on your years of service and the discharge characterization being recommended. An attorney will determine your rights and ensure you receive the hearing you are entitled to.

Can separation be avoided if the allegations are minor?

Yes. Many separations are initiated prematurely or without proper counseling. An attorney can demonstrate mitigating factors, procedural errors, or inconsistencies that may convince the command or board to retain you.

How long does the administrative separation process take?

The timeline varies from weeks to months depending on evidence, command workload, and board scheduling. An attorney helps expedite your defense preparation and ensures deadlines are met.

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Protect Your Naval Career Before It’s Too Late

Schedule a confidential consultation today with Navy administrative separation defense attorneys who know how to defend your service, your benefits, and your future.

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.

Available 24/7 to Help Anyone in the World

(843) 755-6535
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