Administrative Separation Boards & Boards of Inquiry (BOIs) | Protecting Your Military Career
An Administrative Separation Board (also known as a Board of Inquiry or BOI)
is one of the most serious administrative actions a service member can face. While not a criminal trial, the
consequences are life-altering: loss of career, benefits, rank, and reputation. Gonzalez & Waddington,
seasoned civilian military defense lawyers, explain how separation boards work and how to fight back.
Watch: Fighting Separation Boards and BOIs
What Is a Separation Board or BOI?
A separation board is a formal administrative process used by the military to determine whether a service member
should be involuntarily discharged. BOIs apply to officers, while enlisted service members face administrative
separation boards. Common reasons include:
- Alleged misconduct (e.g., UCMJ violations such as Articles 92, 107, 112a, 128, 134).
- Substandard performance or failure to meet standards.
- Alcohol or drug-related incidents.
- Adverse findings after NJP/Article 15 or a court-martial acquittal.
How Separation Boards Work
The board is typically composed of three officers. They review evidence, hear witness testimony, and
make recommendations regarding:
- Whether the member should be separated.
- If separated, what characterization of service (Honorable, General, or Other Than Honorable).
- Retention or discharge with conditions.
Why Separation Boards Are High-Risk
Unlike court-martial trials, separation boards do not require proof beyond a reasonable doubt.
The government only needs a preponderance of the evidence — a much lower standard.
This makes it easier for commands to separate members even without a conviction.
Defense Strategies at BOIs
- Expose weak evidence: Challenge uncorroborated statements and hearsay.
- Highlight military record: Show accomplishments, awards, and evaluations.
- Cross-examine witnesses: Test credibility and reveal bias or inconsistencies.
- Present expert testimony: Counter flawed drug tests, digital forensics, or medical claims.
- Argue for retention: Prove that rehabilitation is more beneficial than separation.
Pro Tips for Service Members Facing a BOI
- Do not go in unprepared: Commands often treat separation boards as a formality — you must treat it as a battle.
- Gather character statements: Strong endorsements from leaders and peers matter.
- Hire experienced civilian defense counsel: Military-appointed lawyers are often overworked and less aggressive.
- Preserve evidence: Emails, texts, and records can make or break your case.
- Push back against bias: Many boards are influenced by command pressure — expose it.
Common Mistakes at Separation Boards
- Waiving the right to a board without legal advice.
- Assuming the board will “see the truth” without a strong defense.
- Failing to challenge flawed evidence such as unreliable urinalysis or unverified allegations.
- Not presenting positive service history or rehabilitative potential.
- Waiting until the last minute to hire a civilian defense lawyer.
Why Gonzalez & Waddington?
Gonzalez & Waddington have successfully defended service members at separation boards and BOIs worldwide.
They bring battle-tested cross-examination skills, forensic experts, and a proven record of winning against the
government’s case. Your career, benefits, and future are on the line — do not go in alone.
Call 1-800-921-8607 or visit
ucmjdefense.com for a confidential consultation.
FAQs: Separation Boards & BOIs
Can I be separated even if I was acquitted at court-martial?
Yes. The lower burden of proof at separation boards allows commands to try again after an acquittal.
What service characterization can a board recommend?
Boards may recommend Honorable, General (Under Honorable Conditions), or Other Than Honorable discharges.
Do I need a lawyer at my BOI?
Absolutely. A skilled civilian defense lawyer can challenge evidence, cross-examine witnesses, and fight for retention.
What standard of proof is used?
The government only needs to prove misconduct by a preponderance of the evidence — lower than at trial.
How can I improve my chances of staying in?
By presenting strong evidence of good service, cross-examining witnesses effectively, and hiring experienced defense counsel.
