I am facing an Administrative Separation Board. Do I need a civilian defense lawyer?
The Short Answer: Yes. Your Benefits Are at Risk.
Do not treat this as a formality. Many service members walk into an Administrative Separation Board thinking it is just a meeting with their Commander. It is not.
It is an adversarial hearing—a “mini-trial”—where a government attorney (the Recorder) will call witnesses and present evidence to convince a panel of three senior members to fire you. If you receive an Other Than Honorable (OTH) discharge, you will lose your G.I. Bill and may be barred from future government employment.
The “Rubber Stamp” Myth
The command often tells soldiers, “Just waive the board and we’ll try to get you a General discharge.” This is a trap. Once you waive your right to a board, you have zero control over the outcome.
At a board, Gonzalez & Waddington can:
- Cross-examine the government’s witnesses (often exposing lies or bias).
- Call character witnesses to testify to your excellent service history.
- Argue for Retention: We fight to keep you in the military.
- Argue for Characterization: Even if you are separated, we fight for an Honorable or General discharge to protect your benefits.
The Data: The Cost of an OTH Discharge
The difference between discharge types is measured in hundreds of thousands of dollars over a lifetime. An “Other Than Honorable” (OTH) discharge is a permanent stain. It is legally the most severe administrative discharge.
Key Statistic: Over 85% of discharge upgrades requested to the Discharge Review Board are denied. This means your best (and often only) chance to get an Honorable discharge is right now, at the board hearing.
Discharge Characterization & Benefits Table
Here is what you lose based on the outcome of the board.
| Benefit / Right | Honorable | General (Under Honorable) | Other Than Honorable (OTH) |
|---|---|---|---|
| Post-9/11 GI Bill | |||
| VA Home Loan | |||
| VA Medical Care | |||
| Civilian Employment |
Frequently Asked Questions (FAQ)
Q: Who sits on the board?
A: The board typically consists of three members: a President (usually a Field Grade Officer like a Major or LtCol) and two other officers or senior NCOs. They are not lawyers; they are warfighters. We know how to speak their language and appeal to their sense of leadership and fairness.
Q: I am an Officer. Is this the same as a “Show Cause” Board?
A: Yes. For officers, this process is called a Board of Inquiry (BOI) or “Show Cause” Board. The stakes are higher because officers serve at the pleasure of the President. You are fighting to retain your commission and, often, your retirement pay grade.
Q: If I lose at the board, can I appeal?
A: You can submit a rebuttal to the Separation Authority (the General), but they rarely overturn the board’s decision. You can later apply to the Discharge Review Board, but as noted above, upgrades are rare. You must win the fight in the room.
Save Your Benefits. Save Your Future.
The government will have a trained lawyer (the Recorder) trying to fire you. You deserve a trained lawyer defending you.
Gonzalez & Waddington flies to bases worldwide to stand beside clients in Administrative Separation Boards. We fight for your Honorable discharge.
