Gonzalez & Waddington, Attorneys at Law defend Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen in administrative separation boards, Boards of Inquiry (BOIs), appeals, discharge upgrades, and courts-martial. Appealing an adverse board outcome is winnable—if you avoid the traps that sink most appeals. Use this checklist to diagnose and correct weaknesses before filing.

Why These Mistakes Matter

• High stakes: Your retirement, benefits, and career ride on this filing.
• Tight windows: Many services give 10–15 days to submit appeals.
• Record-building: Your appeal becomes the foundation for DRB/BCMR review later.

The Top 10 Separation Board Appeal Mistakes

1) Missing the Deadline

Appeals filed late are often rejected outright.

Fix: Calendar the suspense immediately, request an extension in writing, and submit a timely placeholder if needed.

2) Emotional Appeals Without Evidence

Unstructured complaints don’t move decision-makers.

Fix: Anchor every assertion to an exhibit, transcript cite, or regulation. Number and label enclosures.

3) No Transcript Citations

Generalities let the original findings stand.

Fix: Quote or cite the transcript (page/line) to show contradictions, concessions, or gaps.

4) Ignoring Procedural Errors

Denial of witnesses, late disclosure, or improper exhibits can be reversible error.

Fix: Identify the defect, cite the rule, and explain how it prejudiced the outcome.

5) Failing to Argue Disproportionality

Even if some misconduct occurred, the remedy may be excessive.

Fix: Compare your record, mitigation, and similar cases to show why separation or harsh characterization is disproportionate.

6) No Rehabilitation Narrative

Boards and reviewers want evidence you’re retainable.

Fix: Document counseling, PME, treatment, clean evals, collateral duties since the incident.

7) Weak or Generic Endorsements

“Good troop” letters carry little weight.

Fix: Get specific, rank-credible endorsements that address integrity, reliability, and mission impact.

8) Poor Exhibit Management

Unlabeled PDFs and scattered files frustrate reviewers.

Fix: Create an indexed exhibit book (Tab A, B, C…) and cross-reference in the text.

9) Not Offering Alternative Relief

All-or-nothing requests reduce chances of success.

Fix: Ask for primary relief (retain/overturn) and alternatives (upgrade to Honorable/General, delete adverse language).

10) Skipping Post-Appeal Strategy

Even strong appeals can be denied; plan the next move.

Fix: Preserve issues for DRB and BCMR/BCNR/AFBCMR; keep a complete, clean record set.

Appeal Quality Checklist (Before You File)

• Deadline confirmed; extension requested if needed.
• Issue list: factual insufficiency, procedural/legal error, disproportionality, new evidence.
• Every contention tied to transcripts, exhibits, or regulations.
• Exhibit book indexed and paginated; citations match tabs.
• Rehabilitation evidence included (evals, counseling, PME, awards).
• Credible endorsements from supervisors/commanders attached.
• Primary and alternative remedies requested.
• Post-appeal plan noted (DRB/BCMR, clearance mitigation, employment impacts).

High-Impact Evidence to Include

• Transcript excerpts: Contradictions, admissions, confused or biased testimony.
• Official records: Duty logs, watch bills, maintenance/mission data, medical notes.
• Performance history: NCOERs/OERs, OPRs/EPRs, FITREPs/CHIEFEVALs, awards.
• Expert opinions: Medical/psych/forensic opinions tied to contested facts.
• Rehabilitation: PME, counseling, treatment completion, exemplary post-board record.

Timelines & Routing Tips

• Suspense: Many services require filing within 10–15 days of decision notice.
• Routing: Submit via the convening authority to the designated appeal authority; keep proof of submission.
• Supplements: If new material evidence surfaces, file a timely supplement with a short cover memo.

Appeal Framework (Drop-In Outline)

1. Introduction & Requested Relief
2. Background & Service Record (Exhibits A–C)
3. Insufficiency of Evidence (Transcript cites; Exhibits D–F)
4. Procedural/Legal Error (Rule cites; Exhibits G–H)
5. Disproportionality & Equity (Comparators; Exhibits I–J)
6. New Material Evidence (why unavailable; likely effect)
7. Primary & Alternative Remedies
8. Conclusion (readiness, retention, rehabilitation)
    

Video: Fixing Separation Board Appeal Mistakes

Have Us Stress-Test Your Appeal

We surgically identify reversible error, restructure exhibits, and frame arguments that move decision-makers—while preserving issues for DRB/BCMR review.

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

FAQs: Separation Board Appeals