Gonzalez & Waddington, Attorneys at Law defend service members at Administrative Separation Boards and Boards of Inquiry accused of sexual harassment. Unlike NJP or court-martial, separation boards focus on whether you should remain in the military. A substantiated harassment allegation—even without a conviction—can trigger a board that decides your future, benefits, and retirement eligibility. This guide explains the process, risks, and strategies to defend yourself.

Administrative Separation Board Process

1. Notification: You receive written notice of intent to separate, citing sexual harassment as the basis.
2. Rights: You have the right to counsel, to present evidence, call witnesses, and cross-examine the government’s witnesses.
3. Board hearing: A panel of three officers/NCOs hears evidence from both sides.
4. Findings: The board decides (1) whether the misconduct occurred, and (2) whether separation is warranted.
5. Recommendation: The board recommends retention, separation with Honorable, General, or OTH characterization.
6. Final decision: The convening authority makes the ultimate decision, usually following the board’s recommendation.

Standards of Proof

• Burden: The government must prove harassment by a preponderance of the evidence (more likely than not).
• No conviction needed: Even if you were cleared at NJP or never charged under the UCMJ, a board can still recommend separation.
• Collateral use: EO complaints, CDI findings, and NJP records are often introduced at boards.

Risks of Separation for Harassment

• Loss of benefits: GI Bill, retirement, and VA eligibility are impacted by a General or OTH discharge.
• Reputation: Separation for harassment carries a stigma that follows into civilian employment.
• Retirement jeopardy: Near-20-year service members risk losing their pension.
• Future boards: An OTH discharge complicates future appeals or discharge upgrades.

Defense Strategies at a Separation Board

• Challenge credibility: Expose contradictions, motives to lie, or exaggerations by the complainant.
• Provide context: Show that conduct was mutual joking or misunderstood in context.
• Highlight professionalism: Awards, evaluations, and letters of recommendation can offset allegations.
• Call witnesses: Bring in peers and supervisors to testify about your character and professionalism.
• Attack investigative bias: Show flaws in EO/CDI investigations (missing witnesses, cherry-picked evidence).
• Mitigation: If some misconduct is substantiated, argue for retention or at least an Honorable discharge.

Mistakes to Avoid at Separation Boards

• Assuming “it’s just administrative”—these boards can end your career.
• Failing to bring in witnesses or character statements.
• Not hiring civilian counsel to work alongside detailed JAG defense counsel.
• Deleting digital evidence instead of preserving it for rebuttal.
• Failing to rebut EO/CDI findings with detailed cross-examination and exhibits.

Defense Framework for Separation Boards

1. Analyze evidence: Identify weak points in government proof.
2. Context: Show that the alleged conduct was misinterpreted or mutual.
3. Character defense: Use evaluations, awards, and witness testimony.
4. Cross-examination: Expose bias, motives, and contradictions.
5. Mitigation: If misconduct is found, push for retention or Honorable discharge.

Video: Defending Sexual Harassment Separation Boards

Protect Your Career at a Separation Board

Administrative boards decide your career, benefits, and reputation. Our team fights aggressively at boards to dismantle weak harassment cases and preserve the futures of service members worldwide.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: Harassment Separation Boards