Why Hiring a Civilian Lawyer is Crucial for Military Administrative Separation Boards
Facing an Administrative Separation Board (ASB) or Board of Inquiry (BOI) can be one of the most stressful and career-defining moments for any service member. The stakes are high: your military career, retirement benefits, and future opportunities could be on the line. In such situations, hiring an experienced civilian military defense lawyer can be the difference between preserving your honorable discharge and suffering a damaging separation. This blog post explores the critical role civilian lawyers play in these military proceedings, drawing insights from military defense attorney Michael Waddington.
Understanding Administrative Separation Boards and Boards of Inquiry
Administrative Separation Boards and Boards of Inquiry are formal military proceedings used to determine whether a service member should be separated from the military for reasons such as misconduct, substandard performance, or other administrative grounds. Unlike courts-martial, these boards are less formal but carry significant consequences. The outcome can affect not only your military status but also your VA benefits and civilian career prospects.
The Challenge: Why You Can’t Afford to Go In Unprepared
Michael Waddington emphasizes that going into these boards unprepared or without proper legal representation can be a costly mistake. The process requires a nuanced and diplomatic approach rather than an aggressive, confrontational one. Unlike criminal trials, where a more adversarial style might be expected, separation boards demand tact and strategic communication.
For example, Waddington describes situations, particularly in the Navy, where the lawyer, the board members, the alleged victim, and the service member sit around the same table—sometimes just feet apart. In such an intimate setting, how one conducts themselves can heavily influence the board’s perception and ultimately the outcome.
The Art of Diplomacy: Winning Without Burning Bridges
One of the key takeaways from the video is that the best way to win a board is not by “going scorched earth”—attacking commanders, investigators, prosecutors, or alleged victims—but by employing a measured, respectful approach. A skilled civilian lawyer focuses on dismantling the case through evidence and reason instead of emotional aggression.
A lawyer who aggressively attacks witnesses or board members risks alienating those very people who hold the power to decide the service member’s fate. Waddington warns that an undisciplined, rude lawyer can do more harm than good, as their behavior reflects poorly on the client and can bias the board against them.
Why Civilian Lawyers? Expertise, Strategy, and Objectivity
While military defense attorneys have their place, civilian military lawyers bring a unique perspective and expertise that can be pivotal in ASB and BOI cases. Many civilian attorneys, like Michael Waddington, are former JAG officers or have extensive experience defending military clients in these specific proceedings.
- Experience: Knowledge of military law nuances and past case precedents allows civilian lawyers to craft effective defense strategies tailored to the military justice system.
- Objectivity: Civilian lawyers are not constrained by military hierarchy or internal politics, enabling them to advocate fiercely and independently for their clients.
- Strategy: They understand how to diplomatically present evidence, negotiate with board members, and avoid pitfalls that could jeopardize the case.
The Stakes: Protecting Your Career, Retirement, and Benefits
Administrative separations can lead to negative discharges such as Other Than Honorable (OTH) or General Discharges, which have long-term financial and personal consequences. These discharges can disqualify veterans from receiving vital VA benefits, educational assistance, and employment opportunities.
Hiring a skilled civilian lawyer can improve the likelihood of receiving an honorable or other favorable discharge, safeguarding these benefits and preserving your military legacy. This is not just about winning a case; it’s about securing your future.
Additional Insights: What to Look for in Your Civilian Military Lawyer
Choosing the right attorney is as important as hiring one. Waddington stresses the importance of selecting a lawyer who is:
- Disciplined: Maintains professionalism and respects the delicate nature of military boards.
- Strategic: Has a clear plan tailored to your unique circumstances.
- Experienced: Familiar with military administrative procedures and has a track record of success.
Remember, the board will judge you partly based on the counsel you hire. An aggressive or disrespectful attorney can inadvertently harm your case.
Conclusion: Don’t Face Your Separation Board Alone
If you’re facing an Administrative Separation Board or Board of Inquiry, the difference between a career-ending discharge and a favorable outcome often hinges on your legal representation. Civilian military defense lawyers like Michael Waddington bring the necessary expertise, diplomacy, and strategic approach needed to navigate these complex proceedings successfully.
Protect your career, benefits, and future by choosing your attorney wisely and preparing thoroughly. Remember: in the delicate environment of military boards, professionalism and strategy win the day—not aggression and hostility.
Need help? Contact experienced civilian military defense lawyers like Michael and Alexandra Waddington at ucmjdefense.com or call 1-800-921-8607 to discuss your case confidentially.