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Separations Involuntary Separation under AR 135-178Enlisted Soldiers may be involuntarily separated from the Florida Army National Guard (FLARNG) for a positive urinalysis, unsatisfactory performance, misconduct, fraudulent enlistment, and other reasons as provided under Army Regulation (AR) 135-178. In some instances, a Soldier facing separation is entitled to a hearing before an administrative separation board.
A separation board is a formal proceeding similar to a civilian trial, with a recorder (prosecutor), respondent’s (defense) counsel, and a panel usually comprising three officers. The panel of officers hears the case and then decides whether to discharge or retain the Soldier.If you are facing separation under AR 135-178 due to a positive urinalysis or some other reason, then you have the right to speak with Trial Defense Services. You may also have the right to be represented by counsel at a separation board. Click here to submit a Request for Counsel.
Frequently Asked Questions
Question: Am I entitled to a separation board?
Answer: It depends on your rank, years of service, and the reason for separation and whether the command intends to characterize your separation as honorable or OTH. Generally, a Soldier with six or more years of total active and reserve military service may request a board, while a Soldier with less than six years of service is not entitled to a board unless he has been notified that he may receive an OTH discharge.
Question: What are the different types of discharges and what are the consequences for each?
Answer: An administrative separation may be characterized in one of three ways: Honorable: An honorable discharge will have no negative effects in the civilian world Honorable under general conditions: You may encounter substantial prejudice in civilian life as the result of a general discharge. While a general discharge likely will not affect your veterans' benefits, you may lose access to the GI Bill and other programs that require an honorable discharge. Other than honorable (OTH): An OTH discharge is the most severe form of administrative discharge and may have serious negative consequences in the civilian world. You will be discharged as an E1. You may have to repay any enlistment bonuses or incentives (such as education benefits) that you have received. You will also likely lose any veterans’ benefits that you have earned.
Question: Do I have to appear at the board?
Answer: If you are facing an OTH discharge, you may submit a request to waive your right to a board on the condition that you receive an honorable or general discharge. If your conditional waiver is approved in time, then you may not need to appear before the board.
Question: If I am involuntarily separated from the FLARNG, can I still keep my full-time AGR (Active Guard Reserve) position?
Answer: No. However, if you are being separated from the AGR program only, you may in some circumstances be retained by the traditional ARNG. Question: Where can I learn more about involuntary separations? Answer: Involuntary separations are discussed in detail in AR 135-178.