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Overview of Notification Procedures for Administrative Separation

Service members with fewer than six years of active duty service are generally not entitled to an administrative separation board when facing discharge under Honorable or General (under honorable conditions). As a result, these service members may be separated from the military through what are known as “notification procedures,” which do not involve a formal hearing.

Even without a hearing, service members still have important rights and opportunities to fight for retention on active duty or to seek a fully Honorable discharge. Military Justice Attorneys has successfully helped service members challenge unjust separation actions and protect their careers.

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What Are Notification Procedures?

Notification procedures allow the military to process certain administrative separations without convening a board hearing. Each branch of the military follows its own regulations governing this process. Common regulations for enlisted administrative separations include:

  • Air Force: DAFI 36-3211 (Military Separations)
  • Army: AR 635-200 (Active Duty Enlisted Administrative Separations)
  • Coast Guard: COMDTINST M1000.4 (Military Separations)
  • Marine Corps: MCO 1900.16 (MARCORSEPMAN)
  • Navy: NAVPERS 15560D (MILPERSMAN)

These regulations generally require that service members be informed of the proposed separation and its potential consequences.

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

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

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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What Must Be Included in a Notification of Separation

Separation notifications typically advise service members of:

  • Whether the separation may result in discharge, release from active duty to a Reserve Component, or release from military custody and control
  • The least favorable characterization of service that may be issued
  • The type of discharge and characterization of service recommended by the initiating commander

Intermediate commanders may recommend a less favorable characterization than the initiating commander. These recommendations do not bind the separation authority and have broad discretion to determine the outcome, as permitted by regulation.

What Rights Does a Service Member Have?

Although service members processed through notification procedures are not entitled to a separation board, they still retain important rights, including the right to:

  • Consult with military or civilian counsel within a reasonable period
  • Submit written statements or matters on their own behalf
  • Obtain copies of documents that will be forwarded to the separation authority

A separation board is required only if the service member has more than six years of total active and reserve service at the time separation is initiated, or if the least favorable characterization possible is an Other Than Honorable (OTH) discharge.

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Can a Service Member Fight a Separation Action?

Yes. A service member may submit written rebuttal materials responding to the proposed separation. This submission is often the best opportunity to convince the separation authority to terminate the action, suspend separation, or award a fully Honorable discharge.

Failure to submit a timely response may result in a waiver of rights. Extensions are typically granted when documents are requested, and the service member needs additional time to review and respond. If an intermediate commander introduces new adverse information, service members are generally permitted to rebut that material before the action proceeds.

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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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What Is a Separation Authority?

The separation authority is the official designated by regulation to take final action on administrative separations. After reviewing the case, the separation authority must determine whether sufficient evidence exists to support separation. If no sufficient basis exists, the separation authority may disapprove the recommendation or take other appropriate action. If separation is warranted, the authority may:

  1. Direct retention
  2. Direct separation for a specific reason
  3. Suspend separation

Suspension may last up to 12 months, allowing the service member an opportunity to demonstrate proper conduct and performance. Successful completion of the probationary period can result in cancellation of the separation.

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Characterization of Service Under Notification Procedures

Service members separated through notification procedures must receive either an Honorable or General (under honorable conditions) discharge. Entry-level separations are typically uncharacterized.

An Honorable discharge is appropriate when the quality of service meets or exceeds military standards. A General discharge is issued when service is satisfactory but not sufficiently meritorious to warrant an Honorable characterization.

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

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"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

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

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
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Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
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"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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Appealing an Unjust Discharge or Characterization

Service members who believe their discharge or characterization was unjust may seek relief through the appropriate Discharge Review Board or Board for Correction of Military Records. These boards have the authority to correct errors and injustices, including upgrading a discharge.

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How Military Justice Attorneys Can Help

Military Justice Attorneys have successfully represented service members facing administrative separation through notification procedures. If you have received notice of separation and want to fight for your career or your discharge characterization, experienced legal guidance can make a critical difference.

Contact Military Justice Attorneys today to schedule a consultation.

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