Administrative Discipline in the United States Armed Services

This session examines the critical distinctions between judicial and administrative punishment for service members, including the lack of standardization across commands. Participants will learn how the titling process creates lasting consequences and understand why administrative discipline can result in career-ending outcomes like other than honorable discharges.

Explore the three types of courts-martial (summary, special, and general) and their respective convening authorities and punishment limits. This session covers nonjudicial punishment options, the right to demand court-martial, and how criminal investigations flow through the military justice system.

Learn about the range of administrative actions available to commanders including adverse evaluations, letters of reprimand, security clearance revocations, and bars to reenlistment. This session explains why commanders often prefer administrative discipline over court-martial and how these actions differ from civilian employment consequences.

A brief intermission allowing participants to refresh before continuing with case studies and due process discussions. Use this time to reflect on the administrative authorities covered in the first three sessions.

Examine three detailed case studies including travel fraud allegations, wrongful sexual assault accusations during the Me Too era, and a second lieutenant flagged for nearly ten years. These examples illustrate how administrative processes can cascade into multiple adverse actions and the importance of building a comprehensive defense record.

Understand the constitutional and regulatory basis for administrative due process, including notification requirements, board procedures, and the absence of double jeopardy protections. Learn strategic approaches for building records that support later appeals to correction boards and federal litigation when necessary.