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Video transcript
Transcript of the video “ADSEP Board Lawyers: How to Fight a Military Separation Notice,” from Gonzalez & Waddington.
Read the full transcript of this video
You’re probably going to know this is coming anyway because most boards are triggered by bad paperwork some of the rights you have at a board of inquiry or administrative separation board are you’re going to be given notice of a board you’re probably going to know this is coming anyway because most boards are triggered by bad paperwork letters of reprimand some sort of Article 15 even unsubstantiated investigations or substantiated ones that don’t go to court-martial often end up at board once you get notified and they set
The board date you have to have your lawyers ready to go it’s a good idea to get a civilian lawyer ready and involved from the beginning because sometimes you don’t have a lot of time you could be notified of a board on the 1st of February and within 30 to 60 days you’re at the board facing the board doesn’t give you a ton of time to prepare doesn’t give you a ton of time to go out there and investigate and gather Witnesses but you have to
Be ready so if you know a board’s coming or you’ve heard a board is coming where you got any negative paperwork and you think it might be coming down the line you should probably start putting together your legal team immediately it is not unheard of for the military and it depends on the branches to assign you a lawyer at the very last minute I’ve seen it where they have you know few days to prepare they get an attorney sign to them the attorney literally just gone
On the ground sometimes fresh at a law school and they’re told hey go in there and represent the service member they’re facing a board they have 20 years in towards retirement go represent this guy and you’re walking into an ambush you’re walking into a nightmare that lawyer many times doesn’t have experience they haven’t done many boards and they’re not prepared whereas if you have a civilian lawyer while you’re under investigation and they’re coaching and guiding you along they’re keeping up the date on what’s going on
And you know the board’s coming because every civilian lawyer knows what they’re doing should advise you from the beginning they may try to take you to a board even if they don’t coure Marshal you and that being said you should be ready to go we do a lot of boards where we’ve been on the case for a long time the charges end up getting dismissed or dropped or they don’t prosecute the person at a court-martial so we come in boom they hit us with the notice
We have all of our evidence lined up our clients ready to go prepared to testify prior to the board a few weeks out and we’re ready to go in there and go to battle versus kind of scrambling at the last minute trying to find a lawyer retain the lawyer get the lawyer up to speed and now you’re down to only maybe a few days you can ask for a continuance in a board however I’ve seen many board continuances denied if it’s not reasonable and it’s not
Justified you can’t just hire a civilian lawyer any civilian lawyer who’s like booked up for the next 6 months to a year and expect them to delay your board I’ve also seen them jam up civilian lawyers that try to do that where they say okay you’re not available Monday to Friday for the next 6 months you are available on Saturday or Sunday starting at noon so be here or we’re going to go ahead without you I’ve had that happen to me in the past and you
Got to be ready to go so you’re better off preparing to have the board done like on Monday to Friday so you’re not cutting into the board members weekends and taking them away with their families and their own personal lives where you’re over there forcing this board to go on a weekend you don’t really want a weekend board the board doesn’t appreciate that if you’re facing an administrative separation board then call today to speak with one of our lawyers to discuss your case your rights and
The best way forward to fight for your future and your career.