Separation: Law of Military Courts Definition

There are three ways an enlisted service member can leave active or reserve duty. These include separation, discharge or entry into a commissioning program. According to the law of military courts, separation means that a member is leaving active duty but not necessarily the service. Typically, an enlisted soldier is obligated to service eight years in the military. The enlistment contract usually covers the first six years with the remainder served as in the reserves or in the Individual Ready Reserve as an inactive reservist.

Although this form of separation is normal, a soldier can be separated because of cases of misconduct also. Some common reasons for a premature separation include military misconduct such as drug abuse, civilian criminal conviction, pattern of misconduct, commission of a serious offense under the Uniform Code of Military Justice, homosexuality, physical disability or medical reasons such as weight or health issues, failure of selection for promotion and performance of duty below the standard. If a soldier is involuntarily discharged, he can make an appeal to the Army Administrative Separation Boards in an attempt to have the decision overturned.

Experiencing the Army Administrative Separation Boards

Individuals who have been prematurely separated for one of the reasons listed above have the ability to object to the separation. If a soldier has been enlisted for more than six years or could receive an Other Than Honorable discharge, he is entitled to a hearing with the Army Administrative Separation Boards. According to the law of military courts, the separation board is made up of three officers. They will hear evidence and make a recommendation to the superior officer who is in charge of making the final decision. After the hearing, the individual will either be discharged or able to return to service.