What is Administrative Action?
You don’t need to be a member of the armed forces to know that military life is far more regulated than average. In addition to the Uniform Code of Military Justice (UCMJ), which covers the handling of criminal activity in the military, service members are also governed by an extensive body of administrative law. Although not criminal, behavior that violates administrative law still constitutes misconduct.
Administrative action should not be taken lightly: a charge of non-criminal misconduct can have serious repercussions, including punitive duties, reduced pay, reduced rank, or even dishonorable discharge. The service members of San Antonio and beyond deserve proper defense against various administrative actions.
How Administrative Action Proceeds
Service members accused of misconduct will have their case examined by a Board of Inquiry or a group of senior officers who will examine the evidence brought against them. A military attorney known as a recorder will present a case against the defendant on behalf of the government, while the defendant can have a defense attorney to appeal on their behalf.
Both sides are presented in a hearing before the Board of Inquiry. If the Board determines that the allegations against the defendant are substantial, they will recommend disciplinary action to their commanding officer. This makes it imperative for the accused to have a knowledgeable attorney on their side, whether military or civilian.
Other Forms of Administrative Action
All types of military administrative action have stringent due process requirements, but that doesn’t mean these requirements are always upheld, resulting in unfair consequences for the defendant. A lawyer can help. In addition to defense before a Board of Inquiry, military members in San Antonio and beyond can get help with other administrative actions such as –
- BCNR and BCMR – If you have erroneous information or charges on your permanent record, you can appeal to the Board of Correction of Naval Records (BNCR) or the Board of Correction of Military Records (BCMR) to correct these mistakes. However, the burden of proof rests on you in these circumstances – making experienced legal counsel an invaluable asset.
- Security Clearance Denial – Many types of misconduct, or perceived misconduct, can result in the revocation of security clearance, which can then curtail your advancement in the military. But as with other forms of administrative action, you can appeal a denial of security clearance.
- Adverse Administrative Action – Written documentation is a critical piece in all types of administrative action, as is your right as a defendant to submit written rebuttals – but the opportunity to do so is often squandered by poor timing or defensiveness. The proper counsel and representation can help you make your rebuttal as effective and well-timed as possible.
- Administrative Discharge Board – Service members may be discharged from the military for various offenses, and sometimes these cases will come before a specially-formed Administrative Discharge Board. Different types of discharge, however, will have varying effects on your permanent record. If you face the possibility of discharge, it is essential to present a compelling case to the Board. That way, you make the final decision as favorable as possible – or reverse the discharge decision altogether.
Choose Stephen Brodsky for Military Counsel and Advocacy
As a former JAG Corps Attorney for the U.S. Navy and with decades of experience as a criminal defense attorney, Stephen Brodsky has taken over 100 criminal defense cases to trial. Most of those cases resulted in a not-guilty verdict or at least a hung jury. Additionally, as a disabled veteran, he considers it a privilege to use his legal expertise to defend service members and veterans against unfair accusations and blots on their records. If you’re one of many military men and women around San Antonio –the “Military City” of the nation – Mr. Brodsky is on your side.