What Really Happens in an ADSEP or BOI Hearing (Step-by-Step) – Court Martial Attorneys

The Truth About Administrative Boards: What the Military Doesn’t Tell You

Administrative Separation Boards (ADSEP) for enlisted personnel and Boards of Inquiry (BOI) for officers are some of the most misunderstood processes in the military justice system. Commands often describe them as “simple administrative hearings” or “routine personnel reviews.” In reality, these boards are high-stakes quasi-judicial proceedings where the government presents a case to eliminate you from service—often based on weak, biased, or incomplete evidence.

Understanding exactly what happens at these boards can dramatically improve your chances of winning. Many service members walk in unprepared, unaware of the aggressive tactics used by government counsel and the low burden of proof required for separation.

Gonzalez & Waddington, Attorneys at Law has defended thousands of service members at ADSEP boards, enlisted separation boards, QMP reviews, and BOIs worldwide. Michael and Alexandra Gonzalez-Waddington are among the most experienced military administrative-defense lawyers in the world, known for saving careers in the toughest situations.

The Major Types of Separation Boards

1. ADSEP Boards (Navy & Marine Corps)

These boards determine whether Sailors or Marines should be administratively separated and what characterization they receive.

2. Enlisted Separation Boards (Army, Air Force, Space Force)

For enlisted personnel with 6+ years of service or where an OTH is being sought.

3. BOI / Show Cause Boards (All Officers)

Officer elimination boards that determine retention, separation, and characterization.

Although each branch uses slightly different terminology, the structure and danger are nearly identical.

🔥 Step-by-Step Breakdown of What Really Happens in an ADSEP or BOI Hearing

STEP 1 — The Board Assembles and Reads Its Authority

You, your attorney, the Recorder (government prosecutor), and the board members (usually three senior NCOs/officers) enter the hearing room.

The President of the Board reads:

• The authority for convening the board
• The purpose of the hearing
• The rights of the respondent (you)
• The standard of proof (preponderance of the evidence)

From this moment forward, you are in a courtroom—even if it doesn’t look like one.

STEP 2 — The Recorder Presents the Government’s Case

The Recorder acts as the government prosecutor. Their job is to prove you should be separated.

They present:

• Investigation packets (CID/NCIS/OSI/IG/AR 15-6)
• Written statements
• Text messages, emails, and social media screenshots
• Negative evaluations
• Medical records or incident reports
• Witness testimony (in-person or telephonic)

Hearsay is allowed. Summaries are allowed. Biased investigator “opinions” are allowed. Everything is stacked against you unless your attorney aggressively challenges it.

STEP 3 — The Board Members Ask Questions

Board members may ask the Recorder clarifying questions, which can reveal their concerns or biases early. They may show interest, disbelief, or skepticism depending on the evidence.

STEP 4 — The Defense Responds to the Government’s Evidence

Your attorney begins dismantling the government’s narrative through:

• Evidence objections
• Challenging credibility of witnesses
• Highlighting contradictions in statements
• Introducing context missing from the government’s case
• Exposing investigative bias or procedural flaws

This phase is where professional cross-examination skill makes an enormous difference.

STEP 5 — Live Witness Testimony Begins

Both sides may call witnesses to testify. Witnesses may include supervisors, subordinates, peers, investigators, medical providers, or subject-matter experts.

Government witnesses are cross-examined aggressively by defense counsel:

• Were they biased or misled?
• Did they actually witness the event?
• Are they exaggerating or filling in blanks?
• Do their statements contradict earlier versions?
• Do they have a motive to blame you?

Your attorney’s cross-examination can make government witnesses look unreliable or even dishonest.

STEP 6 — The Defense Presents Its Case

This is the most important part of the hearing. A strong defense case often includes:

• A powerful retention packet
• Character statements and performance evaluations
• Witnesses who support your professionalism, leadership, and value
• Evidence showing context or exoneration
• Digital forensics undermining the allegation
• Documentation proving the misconduct did not occur as alleged

Your defense team reframes the case, showing the board the truth about your career—not just the allegation.

STEP 7 — Your Testimony (If You Testify)

Testimony is optional but dangerous. If you testify:

• You tell your story in your own words
• You express accountability, professionalism, and growth
• You clarify falsehoods or misunderstandings

But you also risk aggressive cross-examination from the Recorder, who will try to provoke emotional reactions, contradictions, or admissions.

A skilled attorney prepares you thoroughly or advises against testifying if it poses risk.

STEP 8 — Closing Arguments

Both sides present closing arguments summarizing their cases.

Government closing arguments typically emphasize:

• Alleged pattern of misconduct
• “Loss of confidence” by command
• “Good order and discipline” concerns
• Selective evidence to portray you negatively

Defense closing arguments emphasize:

• Inconsistencies in the government’s case
• Your positive service record
• Credible explanations and context
• Your future value to the service

A strong closing argument can shift undecided board members.

STEP 9 — Board Deliberations (Behind Closed Doors)

You and your attorney leave the room. The board deliberates privately. This phase determines your fate.

The board answers three critical questions:

• Are the allegations supported?
• Should the member be retained?
• If separated, what characterization should be assigned?
  • Honorable
  • General (Under Honorable Conditions)
  • Other Than Honorable (OTH)

The standard of proof is low—just “more likely than not.”

STEP 10 — Results Are Announced

You and your attorney return to hear the board’s findings. The outcome may include:

• Full retention (best outcome)
• Retention with minor administrative notes
• Separation with Honorable discharge
• Separation with General discharge
• Separation with OTH discharge

For officers, recommendations go to the Show Cause authority for final decision.

What the Military Doesn’t Tell You About ADSEP & BOI Boards

• Boards are highly winnable when aggressively defended
• Government evidence is often weak, hearsay-based, or incomplete
• A strong retention packet can outweigh allegations
• Many commands expect members to give up—not fight
• Board members often change their minds after hearing your case

Most service members who lose their boards never had a strong attorney, strong narrative, or strong preparation.

Why Legal Representation Matters

BOIs and ADSEP boards may look “administrative,” but they function like trials—and require aggressive, skilled defense.

Gonzalez & Waddington provides:

• Elite cross-examination of government witnesses
• Powerful narrative reframing
• Strategic testimony preparation
• Forensic and digital-evidence analysis
• Meticulous organization of retention packets
• Global experience across all branches

Our firm is known worldwide for winning the toughest separation cases.

Contact Our Administrative Separation Defense Lawyers

If you are facing an ADSEP board or BOI, do NOT face it alone. The government is already building a case to remove you—let us build a stronger one.

➤ Contact Gonzalez & Waddington for Immediate ADSEP/BOI Defense

ADSEP & BOI Hearings – Frequently Asked Questions