Should You Fight Your Separation Board or Resign? – Court Martial Attorneys

Understanding the High-Stakes Decision Facing Service Members

When a separation board (for enlisted personnel) or a Board of Inquiry/Show Cause Board (for officers) is initiated, the service member faces one of the most consequential decisions of their career: fight the board or submit a resignation/voluntary separation. Both paths carry significant risks and potential advantages. The wrong choice can cost your career, retirement, benefits, and post-service opportunities.

Commands often pressure members to resign early—calling it a “clean exit” or suggesting that fighting the board is pointless. In reality, many separation boards and BOIs are winnable when properly defended, and resigning prematurely can result in unnecessary loss of benefits, rank, or career opportunities.

Gonzalez & Waddington, Attorneys at Law has defended thousands of service members at separation boards and BOIs worldwide. Michael and Alexandra Gonzalez-Waddington are recognized globally for winning elimination cases that others assumed were lost causes. Their aggressive, narrative-driven defense strategies routinely save careers and preserve retirement eligibility.

Understanding the Two Options: Fight vs. Resign

Option 1: Fight the Separation Board

Fighting the board means you contest the allegations and argue for retention. You present evidence, cross-examine witnesses, and show why your service record, character, and mission performance justify keeping you in uniform.

Option 2: Submit a Resignation or Voluntary Separation

Resigning means you voluntarily leave the service—often with a characterization determined by the service branch, not by you. For officers, this is a Resignation in Lieu of Elimination (RILO); for enlisted members, it may be voluntary separation or conditional waivers.

Once submitted, resignations are nearly impossible to reverse, and the characterization of service is often General (Under Honorable Conditions) or OTH depending on the allegations.

Factors That Should Influence Your Decision

1. How Strong Is the Government’s Case?

Many separation boards are based on weak or subjective allegations:

• Unproven misconduct
• One-sided command investigations
• EO/SHARP complaints with no evidence
• Negative OER/NCOER triggered by bias
• Domestic disputes with inconsistent statements
• Uncorroborated allegations of fraternization or impropriety

If the case is weak, fighting gives you a strong chance of keeping your career.

2. Are You Close to Retirement?

Separation boards are especially dangerous for those with 15–19 years of service. Losing a board can mean losing pension eligibility altogether.

If retirement is within reach AND the allegations are serious, a carefully negotiated resignation may preserve benefits—but only if handled strategically.

3. What Characterization Is the Command Seeking?

The characterization matters as much as retention:

• Honorable: Best outcome; preserves most benefits
• General (Under Honorable Conditions): Loses GI Bill benefits; may affect VA rating
• Other Than Honorable (OTH): Devastating for benefits, federal employment, licensing, and reputation

If the command wants an OTH, resignation may not protect you—boards often result in better characterizations than voluntary separations.

4. Do You Have Strong Evidence or Witnesses for Your Defense?

Fight the board if you have:

• Character witnesses
• Digital evidence contradicting allegations
• Exculpatory statements
• A strong performance record
• Supportive senior leaders
• Evidence of bias, retaliation, or faulty investigation

Boards often choose retention when defense evidence is strong and well-organized.

5. Are the Allegations Criminal or Administrative?

Criminal allegations (domestic violence, sexual misconduct, fraud) carry more risk—but boards are easier to win than courts-martial because:

• There is no need to prove “beyond a reasonable doubt”
• The government’s evidence is often thin or incomplete
• Witnesses may be unreliable or inconsistent

Even after a court-martial acquittal, commands frequently attempt separation. These boards are often very winnable.

6. What Are Your Long-Term Career Goals?

If you want a federal career, law-enforcement job, or professional licensing, the type of discharge is critical. Fighting the board may be the only way to avoid a career-killing characterization.

Advantages of Fighting the Separation Board

• Chance to fully defend your reputation
• Possibility of full retention
• Better discharge characterization than resignation
• Ability to present the truth—not just what the command claims
• Exposure of flawed investigations
• Potential to save retirement benefits

Many service members win their boards—even in serious cases.

Advantages of Resigning (In Limited Situations)

• A controlled exit when the evidence is overwhelming
• Less public process than a full board
• Reduced risk of an OTH (sometimes)
• A quicker resolution for families

Resignation may be appropriate when:

• You risk a long-term suspension or toxic environment
• Retirement is unaffected by separation
• The characterization can be negotiated favorably
• You have minimal probability of winning a board

Resignation is NOT recommended when you have a solid defense or the allegations are weak.

Why Many Commands Want You to Resign

Commands push resignations because it:

• Requires less work
• Avoids embarrassing board losses
• Saves the command from having to justify decisions
• Allows removal of personnel without proving allegations
• Provides a fast path to reduction in force

But what benefits the command rarely benefits YOU.

Why Legal Representation Matters

Whether you fight the board or resign, legal strategy is everything. A skilled defense attorney helps you:

• Analyze the strength of the allegations
• Evaluate long-term benefits and risks
• Build a powerful retention package
• Negotiate resignation terms (if needed)
• Challenge weak or biased investigations
• Prepare you for testimony and cross-examination

Without experienced counsel—like Michael & Alexandra Gonzalez-Waddington—you are at a severe disadvantage.

Our Recommendation: Fight the Board Unless There Is a Compelling Reason Not To

Based on decades of experience, we have learned this fundamental truth:

Most service members who fight their separation boards have far better outcomes than those who resign prematurely.

Even in difficult cases, boards often:

• Reject allegations entirely
• Recommend retention
• Recommend a better discharge characterization than commands propose

Contact Our Separation Board Defense Lawyers

If you are facing a separation board or considering resignation, contact us immediately. The decision you make today will impact your future, your benefits, and your family for decades.

➤ Contact Gonzalez & Waddington for Immediate Legal Guidance

Fight or Resign? – Frequently Asked Questions