What Makes Board Members Decide to Retain Someone? – Court Martial Attorneys

The Hidden Logic Behind Retention Decisions at BOI, ADSEP & Separation Boards

At Boards of Inquiry (BOI), ADSEP Boards, and enlisted separation boards, the government comes prepared with a simple goal: prove you should be removed from military service. What most service members don’t realize is that board members are not just reviewing allegations—they are judging your credibility, character, future value, and overall military identity.

Retention decisions are not driven by emotion—they’re driven by trust, professionalism, consistency, and narrative persuasion. You win when board members believe two things:

• You are not the person described in the allegation, and
• Retaining you benefits the military more than separating you.

Gonzalez & Waddington, Attorneys at Law has defended thousands of service members at retention boards across all branches. After decades of experience, we have identified the key factors that consistently persuade board members to vote for retention—regardless of rank, branch, or allegation.

The 12 Factors Board Members Rely on When Deciding Whether to Retain You

1. Credibility Above All

Credibility is the most decisive factor in any board. Board members ask:

• Does this person appear honest and trustworthy?
• Are their statements consistent and believable?
• Do they accept responsibility where appropriate?

You do not need to “admit guilt” to be credible—but you must appear honest, reasonable, and grounded in reality.

2. Professional Bearing Under Pressure

Board members study your composure, tone, posture, and emotional control.

They ask themselves:

• “Is this someone who can handle stress?”
• “Does this look like a leader?”
• “How would this person appear in front of junior troops?”

3. How You Present Your Narrative

Your story must be simple, consistent, and honest. Board members respond to:

• A logical explanation of events
• A clear understanding of the context
• A believable account that aligns with evidence

A confused, rambling, or defensive narrative destroys retention potential immediately.

4. Strength of Your Retention Packet

Your packet is your reputation on paper. Board members weigh heavily:

• Character letters with real substance
• Awards, deployments, commendations
• Strong OERs/NCOERs/EPRs/FITREPs
• Impact you have on your team and command

A powerful retention packet can outperform weak or exaggerated allegations.

5. Your Service Record and Pattern of Behavior

Board members ask:

• “Is this a one-time issue or a pattern?”
• “Does the record show integrity, leadership, and dedication?”
• “Would losing this person hurt mission readiness?”

6. Perceived Future Value to the Military

Boards retain people they believe will contribute positively moving forward. You must show:

• You are still promotable
• You are still trainable and coachable
• You remain committed to the mission

7. Accountability Without Self-Incrimination

Boards reward appropriate ownership. They punish:

• Excuses
• Blaming others
• Minimization
• Evasion

You must strike the perfect balance—show growth and maturity without admitting to misconduct you didn’t commit.

8. Whether the Allegation Makes Sense

Board members apply common sense:

• Does the allegation align with your record?
• Is it plausible?
• Are the accuser’s statements inconsistent or biased?

If the allegation conflicts with your long-term character pattern, retention becomes far more likely.

9. Reliability and Leadership Impact

Boards look for signs that you are someone others depend on. Evidence of:

• Trusted leadership roles
• Key mission responsibilities
• Positive influence on subordinates
• Team cohesion

can shift opinions dramatically in your favor.

10. Strength of Your Witnesses

Boards pay close attention to who shows up for you. Strong witness testimony from:

• Subordinates
• Peers
• Senior NCOs
• Commanders

shows the board that real people believe in your character and potential.

11. Whether You Show Growth, Maturity & Insight

Boards often retain individuals who show they learned from adversity, even if the allegations involved mistakes—but they do NOT retain people who come across as stubborn or self-righteous.

12. How Well Your Attorney Frames the Case

The defense attorney’s experience, narrative skill, and cross-examination ability dramatically influence the board. Skilled counsel can:

• Destroy unreliable government witnesses
• Reframe the allegation
• Expose bias or investigative failures
• Make board members doubt the government’s theory

The Three-Part Formula That Wins Retention Decisions

Boards retain service members who demonstrate all three of the following:

• Exceptional past performance
• Credible testimony and demeanor
• A strong future trajectory

When these converge, even serious allegations can be overcome.

Behind the Scenes: What Board Members Actually Discuss

During deliberations, board members often ask:

• “Would I want this person in my unit?”
• “Is this someone I’d trust with Soldiers, Sailors, Airmen, Marines, or Guardians?”
• “Does retention benefit the military?”
• “Is the allegation believable or exaggerated?”
• “Does the service member show genuine integrity?”

They are not looking for perfection—they’re looking for honesty, professionalism, maturity, and value.

Why Gonzalez & Waddington Helps Service Members Win Retention Boards

Our firm uses advanced trial strategy, narrative building, and forensic analysis to shift board perception in your favor. We focus on proving:

• Your credibility
• Your leadership value
• Your positive impact on the service
• The weaknesses in the government’s case

Our approach has helped save thousands of careers at BOIs, ADSEP boards, and separation boards across the world.

Contact Our Retention Board Defense Team

If your career is on the line, you cannot rely on luck. You need a strategic, experienced legal team that knows exactly how board members think and decide.

➤ Contact Gonzalez & Waddington for Elite Retention Board Defense

Retention Decisions – Frequently Asked Questions