Administrative Separation Boards & Boards of Inquiry | Military Defense Guide
When a service member faces an Administrative Separation Board (Army/Air Force) or a Board of Inquiry (BOI) (Navy/Marine Corps), their career, benefits, and reputation are on the line. These boards decide whether to retain or separate a military member accused of misconduct, substandard performance, or adverse behavior. A negative decision can mean loss of retirement, VA benefits, healthcare, and future employment opportunities. At Gonzalez & Waddington, we have defended service members before boards worldwide, ensuring their voices are heard and careers protected.
Video: How to Fight a Separation Board or BOI
Understanding Administrative Separation Boards & BOIs
These boards act like mini-trials, where evidence is presented and the service member has the right to a lawyer. The government will try to prove that separation is warranted, often citing misconduct, poor duty performance, or criminal allegations—even when no court-martial has occurred. The board then recommends whether to:
- Retain the service member
- Separate with an Honorable discharge
- Separate with a General (Under Honorable Conditions)
- Separate with an Other Than Honorable (OTH) discharge
What’s at Stake?
The board’s decision can impact:
- Retirement (if near 20 years of service)
- GI Bill and VA benefits
- Security clearance and post-service employment
- Reputation in and outside the military
Defense Strategies in Separation Boards & BOIs
An effective defense requires anticipating the government’s case and aggressively protecting the member’s record. Common strategies include:
- Challenging credibility of witnesses and evidence
- Highlighting strong duty performance through records, awards, and evaluations
- Presenting character witnesses to counter negative narratives
- Pointing out command bias or unlawful influence
- Showing rehabilitation potential to argue retention is best for the service
Pro Tips & Mistakes to Avoid
Pro Tips
- Hire an experienced civilian defense counsel early—waiting until the board date can limit options.
- Gather character statements and evaluations from respected leaders.
- Document your contributions and achievements for the board.
Mistakes to Avoid
- Going in without civilian counsel—military-appointed lawyers often have heavy caseloads.
- Underestimating the board—it’s not a “formality,” it’s a career-ending risk.
- Failing to prepare witnesses or ignoring documentary evidence.
Why Choose Gonzalez & Waddington
Our firm has defended service members at Administrative Separation Boards and Boards of Inquiry across the globe. We know how to dismantle weak government cases, cross-examine witnesses effectively, and build a narrative of retention. With decades of courtroom and board experience, we fight for your career, benefits, and future.
Call Gonzalez & Waddington today at 1-800-921-8607 or visit ucmjdefense.com to schedule a confidential consultation.
FAQs on Separation Boards & BOIs
What is an Administrative Separation Board?
A board convened for enlisted members facing separation, where evidence is reviewed, and the member can fight for retention.
What is a Board of Inquiry?
A BOI is similar to a separation board but applies to officers. It determines whether the officer should be retained or separated.
Do I have the right to a lawyer at a separation board or BOI?
Yes. You can be represented by appointed military counsel or hire a civilian military defense lawyer for stronger representation.
What happens if I get an OTH discharge?
You could lose VA benefits, GI Bill eligibility, and future federal employment opportunities.
Can a strong defense really save my career?
Yes. Many service members have avoided separation or received favorable outcomes by mounting an aggressive defense with experienced counsel.