Gonzalez & Waddington, Attorneys at Law represent service members worldwide in administrative separation boards, Boards of Inquiry (BOIs), NJP/Article 15 appeals, discharge upgrades, and courts-martial. Winning at a separation board requires more than showing up—it takes strategic preparation, evidence, and disciplined advocacy. This guide provides a structured, step-by-step approach to prepare for your board and maximize your chances of retention.

Why Preparation Matters

• Career on the line: Boards can end your service, block reenlistment, or deny retirement.
• Characterization stakes: Honorable, General, or OTH discharge impacts GI Bill, VA benefits, and future employment.
• Best chance to win: Appeals exist, but the separation board is your main battleground.

Preparation Timeline (What to Do & When)

1. Immediately: Retain counsel (military or civilian). Request discovery of the government’s file.
2. Within 1–2 days: Review allegations and identify which elements the government must prove.
3. Week 1: Build a fact timeline; start drafting a theory of defense (innocence, procedural error, or mitigation).
4. Week 2: Identify and secure witnesses (character and fact witnesses). Request subpoenas if necessary.
5. Before hearing: Finalize exhibits, tab evidence, rehearse openings/closings, and prepare cross-examinations.

Your Rights at a Separation Board

• The right to military counsel and to retain a civilian defense lawyer.
• The right to review all evidence against you before the hearing.
• The right to present evidence, call witnesses, and cross-examine government witnesses.
• The right to testify or remain silent (without it being used against you).
• The right to a fair panel and to challenge members for bias.

What Evidence to Gather

• Performance evaluations: NCOERs/OERs, FITREPs, CHIEFEVALs, or EPRs showing strong service.
• Awards & commendations: Proof of dedication and reliability.
• Operational records: Duty logs, training rosters, mission reports, medical documents.
• Character statements: Endorsements from supervisors, peers, or subordinates.
• Rehabilitation evidence: PME, counseling, or treatment since the incident.

Defense Strategies for Preparation

• Element-by-element rebuttal: Break down the allegations and show where proof is missing.
• Highlight procedural errors: Expose late disclosure, denied witnesses, or improper exhibits.
• Use experts: Forensics, digital evidence, or medical experts to counter government claims.
• Retention argument: Emphasize mission readiness, billet impact, and your value to the service.
• Mitigation: If separation risk is high, build a strong case for at least an Honorable characterization.

Common Preparation Mistakes

• Waiting until the last minute to gather evidence or witnesses.
• Assuming your service record speaks for itself without presenting it.
• Failing to cross-examine government witnesses effectively.
• Ignoring the impact of characterization on future benefits.
• Waiving the board without legal advice.

Preparation Checklist (Before You Walk Into the Board)

• ✔ Reviewed allegations and elements government must prove.
• ✔ Requested and reviewed government evidence packet.
• ✔ Built timeline and theory of defense.
• ✔ Secured fact and character witnesses.
• ✔ Collected and tabbed exhibits with index.
• ✔ Drafted opening/closing arguments tied to evidence.
• ✔ Prepared cross-examinations of government witnesses.
• ✔ Rehearsed with counsel.

Video: Preparing for a Separation Board

Get a Defense Team That Prepares for Victory

We don’t just react—we prepare boards like trial cases, with cross-examinations, exhibits, and themes that win. Proper preparation can be the difference between retention and discharge.

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

FAQs: Preparing for Separation Boards