Marine Corps Administrative Separation Boards – How Enlisted Marines Can Fight Separation and Protect Their Service

If you’re stationed at Camp Lejeune, New River, or Cherry Point, and you’ve just found out you’re under investigation, or you’ve been charged, this video is for you. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. My partner, Alexandra González-Waddington, and I have defended Marines at Lejeune for over 20 years. Here’s what’s different about it. Camp Lejeune is one of the largest and most important Marine Corps installations in the world.

It is the heart of second marine expeditionary force on the east coast. Second MEF includes the second marine division, the second marine aircraft wing, the second marine logistics group and the two MEF information group. The area also includes major aviation operations at Marine Corps Air Station New River and Marine Corps Air Station Cherry Point. That matters if you’re searching for a Camp Lejeune military lawyer, a Camp Lejeune court-martial lawyer, or a civilian Marine Corps defense lawyer in eastern North Carolina. This is a huge military population, and the cases tend to fall into several recurring categories.

Article 120, sexual assault investigations. Article 128 and Article 128 Bravo, assault and domestic violence allegations. Article 112 alpha drug cases, hazing and malreatment allegations. NJP administrative separation, online sting investigations, barracks incidents, and off-post arrests. One of the biggest differences in Marine Corps cases is that you don’t have to be convicted at court-martial to lose your career.

You can face NJP administrative separation, an adverse fitness report, loss of rank, loss of promotion opportunities, removal from a billet, security clearance problems, or an other than honorable discharge. That means Marine Corps defense often has two tracks from the beginning. The criminal case and the administrative case. Let’s start with Article 120 sexual assault investigations. Camp Lejeune has a huge population of young Marines living in barracks, training together, deploying together, and socializing together.

A case may begin after Marines go out drinking in Jacksonville or spend a weekend in Wilmington. There may be alcohol. Someone goes back to a barracks room, apartment, hotel, or house. Later, an allegation is made. NCIS gets involved.

Phones may be searched. Witnesses are interviewed. Text messages, photographs, videos, social media, ride share records, and location data may become evidence. A serious Article 120 defense should look at the entire timeline. Who was there?

What did witnesses see? What messages were exchanged? What happened before and after the alleged incident? We’ve defended Marines and other service members in Article 120 cases involving alcohol, barracks encounters, dating relationships, and allegations where digital evidence and witness statements became important to understanding what actually happened. If you’re facing an Article 120 investigation and need a Camp Lejeune military defense lawyer, this is the stage where early legal advice matters.

You can contact Gonzalez & Waddington and speak with Michael Waddington or Alexandra González-Waddington before making statements that may later be used against you. Domestic violence is another major category. Marines live throughout Jacksonville, Hubert, Sneads Ferry, Swansboro, Richlands, and the surrounding Onslow County area. A domestic argument can quickly become a civilian and military case. Jacksonville police or the Onslow County Sheriff’s Office may respond.

There may be an arrest, a civilian protective order, a military protective order, weapons restrictions, a command investigation, and possible NJP separation or court-martial action. Something said to civilian police can affect the military case, and something said to the chain of command can create additional evidence. Another common area involves Article 112 alpha drug allegations. Those cases may involve urinalysis testing, marijuana, cocaine, prescription drugs, possession, distribution, barrack searches, vehicles, text messages, or digital payment records. We also see hazing and maltreatment cases.

The Marine Corps places enormous emphasis on discipline and leadership, and sometimes aggressive training, corrective action, or an initiation event is later characterized as hazing or maltreatment. Those cases may involve Article 92, Article 93, assault or dereliction of duty. For an NCO or staff NCO, the career consequences may be enormous, even if confinement is unlikely. Online investigations are another growing category. We’ve handled cases involving alleged communications with minors, undercover sting operations, dating applications, social media, and messaging apps.

In those cases, the actual words matter. What age was communicated? When was it communicated? Who started the sexual conversation? Was there actual intent to meet?

What did the entire message history show? One screenshot rarely tells the whole story. Off-post misconduct is also a major issue. Jacksonville is a marine town and Marines regularly travel toward Swansboro, Emerald Isle, Wilmington, and Wrightsville Beach. A DUI, fight, domestic arrest, drug allegation, or sexual assault accusation that happens off post can still create serious Marine Corps consequences.

The fact that civilian police handled the initial incident does not mean the command will do nothing. Cherry Point cases also have their own issues. Cherryoint is an aviation installation and home to major elements of the second marine aircraft wing. Aviation cases may involve pilots, air crew, maintenance marines, controllers, and aviation support personnel. An allegation can affect qualifications, access, duty status, security clearances, and careers before the criminal case is finished.

The same is true at New River, where aviation units and support personnel face their own command and career consequences. So, if you’re looking for a Cherry Point military lawyer or New River military defense lawyer, the first question should be, what command are you assigned to, and what type of action are you actually facing? Camp Lejeune is also a major military justice hub. Regional Law Center East is located there, and the current system includes defense, trial services, victim’s legal services, and office of special trial counsel functions. If NCIS wants to interview you, don’t assume talking will make the problem disappear.

Marines are trained to take responsibility and answer questions. That instinct can hurt you during an investigation. You have rights under Article 31. The practical rule is simple. If you’re suspected of serious misconduct, talk to a lawyer before giving a statement.

Don’t lie. Don’t destroy evidence. Don’t delete messages. But don’t assume you have to explain everything simply because an investigator or someone in your command asks. Administrative separation is just as important.

For some Marines, the separation board is the most important legal proceeding of their career. And other than honorable characterization can affect veterans benefits, employment, and how years of honorable service are viewed. And the government does not face the same beyond a reasonable doubt burden used at a criminal trial. That means a case that may be difficult to prove at court-martial can still create serious risk at an administrative board. So what should you do if you’re stationed at Camp Lejeune, New River, or Cherry Point and learn you’re under investigation?

First, don’t start explaining the allegation to everyone around you. Don’t call the person who made the allegation. Don’t text witnesses. Don’t try to coordinate stories. Second, preserve evidence.

Save relevant text messages, photographs, videos, receipts, ride share records, hotel information, location information, and social media communications. Do not alter or delete them. Third, identify witnesses. Write down who was present before, during, and after the event. Fourth, if NCIS calls you in, understand that you do not have to prove your innocence in the interview room.

Talk to a lawyer first. Fifth, if the command is talking about NJP or administrative separation, do not treat the case as minor just because you haven’t been charged at court-martial. Sometimes the administrative case is the careerending case. Michael Waddington and Alexandra González-Waddington are the founding partners of Gonzalez & Waddington. We have defended Marines and other service members in serious military cases for more than two decades, including sexual assault allegations, violent offenses, domestic violence, drug allegations, online investigations, NJP, administrative boards, and other career-threatening actions.

If your case starts at Camp Lejeune, New River, Cherry Point, in Jacksonville, Onslow County, or during a weekend in Wilmington, the basic rule is the same. The government’s case often begins long before charges are preferred. It begins when the allegation is made. It begins when NCIS opens the investigation. And decisions made during those first few days can affect the case months later.

If you’re facing an NCIS investigation, an Article 120 sexual assault allegation, Article 128 or Article 128 Bravo domestic violence, Article 112 alpha drug allegations, hazing, NJP, administrative separation, or a court-martial at Camp Lejeune, New River, or Cherry Point. Get legal advice before making decisions that could affect your freedom, rank, discharge, retirement, or career. I’m civilian military defense lawyer Michael Waddington with Gonzalez in Waddington. My partner is Alexandra González-Waddington. We defend Marines at Camp Lejeune, New River, Cherry Point, and Worldwide.

com or call 1-800-921-8607 for a free confidential consultation.