How to Win an Army Separation Board | Soldier’s Defense Guide
Gonzalez & Waddington, Attorneys at Law are globally recognized military defense lawyers who defend Soldiers facing Army administrative separation boards. If you’ve been notified of a board, your career, retirement pay, benefits, and reputation are at risk. This guide explains how Army separation boards work, what rights you have, and proven strategies to fight back.
Whether you’re accused of misconduct, substandard performance, or misconduct related to a GOMOR or Article 15, you need to treat this board as the fight of your life. The decisions made here will follow you forever.

Why Army Separation Boards Matter
- Retirement jeopardy: Soldiers with 18–20 years of service can lose retirement pay if separated with less than honorable conditions.
- Future employability: An unfavorable discharge can block government jobs, federal contracts, and security clearances.
- Reputation: Your record follows you into civilian life. Employers and licensing boards see it.
- Benefits: VA benefits, healthcare, and GI Bill eligibility are tied to your discharge characterization.
How Army Separation Boards Work
1. Notification
You’ll receive written notification of the alleged basis for separation. This could include misconduct, poor duty performance, drug/alcohol issues, or civil conviction.
2. Rights
At a board, you have the right to:
- Be represented by a military or civilian defense lawyer
- Review all evidence against you
- Call witnesses and present documents
- Cross-examine government witnesses
- Testify (or remain silent)
3. Board Members
The board is usually made up of three officers (and sometimes NCOs). They decide whether the allegations are supported and what characterization of service you receive.
How to Defend Yourself at an Army Separation Board
1. Build Your Narrative
You must counter the government’s story with your own. Show that you are rehabilitatable, valuable, and committed to continued service.
2. Use Evidence Wisely
- NCOERs/OERs: Prove a history of strong service.
- Character witnesses: Supervisors, peers, and subordinates testifying to your integrity.
- Expert testimony: Forensic, medical, or psychological experts if allegations involve misconduct.
- Rehabilitation evidence: Proof of treatment, retraining, or counseling.
3. Attack Weaknesses in the Case
Look for missing evidence, contradictions, unreliable witnesses, or command bias. Boards require proof by a preponderance of evidence — meaning the government must show it is “more likely than not.” Weak evidence should be aggressively exposed.
4. Preserve Your Record
Even if you lose, your case record can help on appeal or in future upgrades. Ensure your defense is detailed, professional, and preserved in writing.
Common Mistakes Soldiers Make at Separation Boards
- 🔥 Waiving the right to a board without fully understanding the consequences.
- 🔥 Going in unprepared and treating it like a counseling session instead of a trial.
- 🔥 Failing to present strong witnesses or documentation.
- 🔥 Making partial admissions that the board uses against them.
- 🔥 Choosing only a free JAG without considering a seasoned civilian military defense lawyer.
Video: Defending Soldiers at Army Separation Boards
Why Hire Gonzalez & Waddington for Army Separation Boards?
Our lawyers have defended Soldiers worldwide in administrative separation boards, Boards of Inquiry, Article 15 appeals, GOMOR rebuttals, and courts-martial. We understand how the Army prosecutes these cases — and how to win them.
- ✅ Tried cases in over a dozen countries and across every U.S. Army installation
- ✅ Experienced in high-profile misconduct and performance cases
- ✅ Published trial advocacy experts trusted to teach other lawyers
Contact Gonzalez & Waddington at ucmjdefense.com or call 1-800-921-8607 for immediate help with your Army separation board.
Frequently Asked Questions: Army Separation Boards
What is the burden of proof at an Army separation board?
The government must prove allegations by a preponderance of evidence — meaning more likely than not.
Can I have a civilian lawyer represent me?
Yes. You may hire an experienced civilian military defense lawyer in addition to (or instead of) your JAG attorney.
What discharges can the board give me?
Honorable, General (Under Honorable Conditions), or Other Than Honorable (OTH).
What happens if I waive my board?
You lose the chance to fight the allegations. The command can discharge you without a hearing.
Can I appeal the board’s decision?
Yes, but appeals are difficult. That’s why building a strong defense during the board is critical.