Gonzalez & Waddington, Attorneys at Law defend service members across all branches in administrative separation boards, Boards of Inquiry (BOIs), Article 15/NJP cases, appeals, and courts-martial. Many commands try to separate service members for minor misconduct—tardiness, minor UCMJ violations, off-duty incidents, or administrative slip-ups. This guide shows you how to fight separation for minor issues and protect your career, benefits, and retirement.

Why Minor Misconduct Still Triggers Separation

• Zero tolerance culture: Commands often prefer to “cut losses” rather than rehabilitate.
• Force shaping: Minor misconduct becomes a convenient way to remove members in downsizing environments.
• Paper trail: Even small infractions (late to formation, missed PT test, alcohol incidents) build into a separation case.
• Board power: Panels can recommend General or even Other Than Honorable (OTH) discharges for patterns of minor misconduct.

Examples of Minor Misconduct Leading to Separation

• Repeated lateness or absences (Article 86 UCMJ).
• Failure to maintain weight/PT standards.
• Low-level alcohol-related incidents (public intoxication, drunk/disorderly).
• Failure to follow administrative orders.
• Off-duty conduct unbecoming but not criminal.

Defense Strategies Against Separation for Minor Misconduct

• Challenge “pattern” claims: One or two minor incidents don’t prove chronic misconduct.
• Highlight rehabilitation: Show counseling completion, PME, or clean service since the event.
• Demonstrate value: Present evaluations, awards, and mission impact showing retention benefits the unit.
• Argue disproportionality: Stress that discharge is excessive compared to the alleged misconduct.
• Cross-examine witnesses: Expose exaggeration or bias in testimony about your conduct.

Evidence That Helps Beat Minor Misconduct Separations

• Positive evaluations: Recent NCOERs, OERs, FITREPs, or CHIEFEVALs outweigh isolated mistakes.
• Awards/commendations: Proof of consistent dedication and reliability.
• Counseling records: Evidence you addressed and corrected the behavior.
• Witness statements: Supervisors or peers confirming you improved performance.
• Rehabilitation documents: PME completions, treatment certificates, volunteer work.

Mitigation Arguments

• Isolated incident: Stress that the misconduct was out of character and hasn’t repeated.
• Stress or operational context: Explain mitigating circumstances (deployment fatigue, medical conditions).
• Retention case: Emphasize how separation harms unit readiness and loses trained talent.
• Alternative relief: If separation is inevitable, push for Honorable instead of General/OTH.

Common Mistakes When Fighting Minor Misconduct Cases

• Admitting fault without context or mitigation.
• Waiving the board under command pressure.
• Failing to bring character witnesses or documentary support.
• Ignoring how characterization affects GI Bill, VA, and retirement benefits.
• Letting the government frame minor infractions as a “career-long pattern.”

Defense Outline for Minor Misconduct Boards

1. Introduction & Theme:
   - “This case is about isolated mistakes, not chronic misconduct.”

2. Service Record (Tabs A–C):
   - Evaluations, awards, deployments, billets.

3. Factual Defense (Tabs D–E):
   - Show no real pattern; highlight exaggeration in gov’t case.

4. Rehabilitation (Tabs F–G):
   - Counseling, PME, treatment, clean performance since incident.

5. Mitigation (Tabs H–I):
   - Stress, operational tempo, medical conditions, isolated lapse.

6. Requested Relief:
   - Retention, or Honorable discharge if separated.

Video: Fighting Separation for Minor Misconduct

We Defend Minor Misconduct Cases

Many careers are unfairly ended over minor mistakes. With the right strategy, you can defeat separation and continue serving honorably. Don’t let small infractions destroy your future.

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

FAQs: Minor Misconduct Separations