Yes, records of prior administrative separations, particularly if they were for misconduct and resulted in a less-than-honorable discharge characterization, can be admissible as aggravating evidence during the sentencing phase of a court-martial. After a service member has been convicted, the sentencing hearing is designed to give the panel a “whole person” view of the accused to determine an appropriate punishment. This includes their past performance and disciplinary history.
The prosecution can introduce documents from the accused’s official military personnel file. If that file contains the record of a prior administrative separation for misconduct, the prosecutor can present it to the panel. They would argue that this history shows that the accused has a pattern of being unable to meet military standards and that prior, less severe administrative measures have failed to correct their behavior. This is used to argue for a harsher sentence, including a punitive discharge, for the current offense.
A military defense attorney must be prepared to mitigate the impact of this evidence. They would put the prior separation in context, perhaps arguing that it was for a minor issue that occurred very early in the member’s career. They would then contrast it with a subsequent period of successful reenlistment and good service. The goal is to show the panel that the prior administrative separation is not representative of the soldier’s overall career and that it should be given little weight when determining a fair sentence for the current conviction.