Avoid Costly Mistakes Before Your Military Administrative Separation Board: Expert Legal Advice
Facing a Military Administrative Separation Board (ASB) or Board of Inquiry (BOI) can be an overwhelming and stressful experience for any service member. The stakes are incredibly high—your military career, retirement benefits, and future opportunities could all hang in the balance. Former JAG officer and military defense attorney Michael Waddington sheds light on common pitfalls service members make before and during these proceedings and explains how a skilled civilian military defense lawyer can be your best ally during this challenging time.
Why Your Words Matter: The Danger of Emotional Statements
One of the most critical points Michael Waddington emphasizes is the importance of controlling your emotions during the administrative separation process. Whether you are facing Non-Judicial Punishment (NJP), often referred to as an Article 15, or preparing for a separation board, it’s easy to fall into the trap of venting your frustrations or anger. However, making impulsive, emotional statements can be detrimental.
At an NJP hearing, you often have the opportunity to present a statement. If you approach this moment with uncontrolled emotions, you risk saying things that can later be used against you. For example, disparaging the alleged victim or making unfounded accusations can severely damage your case. These statements usually end up in your official record, which the board members will review prior to your hearing. A hostile or unprofessional statement can bias the board against you before you even step into the room.
Playing the Long Game: Appeal and Record-Making
Even if you are found guilty at an NJP or Article 15 hearing, Waddington advises service members to play the long game. These hearings are often described as “kangaroo courts” due to their informal procedures and high conviction rates. However, being found guilty there does not mean the end of the road.
It’s vital to appeal unfavorable decisions and focus on creating a strong record for your case moving forward. This includes carefully crafting your rebuttal materials and ensuring your statements reflect a coherent, strategic defense. Avoid reactive or emotional responses that could be leveraged against you in the administrative separation process.
The Rebuttal Opportunity: Keep It Tight and On-Point
When you appear before an administrative separation board, you have the right to submit a rebuttal to the evidence presented against you. This is a crucial moment to clarify your position and counter allegations. Michael Waddington stresses the importance of keeping your rebuttal concise, focused, and aligned with the overall theme and theory of your defense.
A common mistake is to make the rebuttal an emotional outburst or to include information that can be easily contradicted. This weakens your case and gives the board ammunition to doubt your credibility. Instead, your rebuttal should be a carefully considered document that highlights inconsistencies in the evidence and reinforces your key arguments.
The Value of Hiring a Civilian Military Defense Lawyer
One of the most compelling points in Waddington’s discussion is the advantage of hiring an experienced civilian military defense attorney. While military defense attorneys provide valuable assistance, civilian lawyers who specialize in military law bring a unique perspective and strategic edge.
- Diplomacy and Strategy: A civilian attorney can help rein in emotional responses and guide you to make smart, calculated decisions that improve your chances of a favorable outcome.
- Experience with Military Law: Skilled civilian lawyers understand the nuances of the Uniform Code of Military Justice (UCMJ) and the administrative separation process, enabling them to build a strong defense tailored to your case.
- Protecting Your Benefits: They focus on preserving your military career, retirement, and VA benefits, which can have long-term financial and personal implications.
Waddington and his firm, González & Waddington, LLC, have extensive experience defending service members across all branches of the military worldwide, including complex cases involving military sexual assault and false accusations. Their aggressive and knowledgeable approach can make a significant difference in your case.
Additional Insights: Preparing for Your Hearing
Besides controlling your statements and hiring the right lawyer, here are some additional tips to help you prepare for an administrative separation board:
- Understand Your Rights: Know what evidence can be presented against you and what your rights are during the hearing.
- Gather Supporting Evidence: Collect character references, performance evaluations, and any relevant documentation that supports your case.
- Stay Professional: Approach the process respectfully and professionally, avoiding any behavior that could be perceived as insubordinate or uncooperative.
- Consult Experts: Work with your attorney to develop a clear defense strategy and practice your testimony if necessary.
Conclusion: Protect Your Military Future by Avoiding Common Pitfalls
Facing a Military Administrative Separation Board or Board of Inquiry is undoubtedly challenging, but it doesn’t have to mean the end of your military career. By avoiding emotional outbursts, carefully managing your statements, appealing unfavorable NJP decisions, and submitting a focused rebuttal, you can significantly improve your chances of a positive outcome.
Most importantly, hiring an experienced civilian military defense lawyer can be the difference between maintaining your honorable discharge and benefits or suffering a damaging separation. If you or a loved one faces an ASB or BOI, don’t go it alone—seek expert legal guidance to protect your rights, career, and future.
Contact Information:
González & Waddington, LLC
1792 Bell Tower Ln #218
Weston, FL 33326
Phone: 1-800-921-8607
Website: https://ucmjdefense.com