Your Rights to Legal Counsel at Military Administrative Separation Boards: Why Hiring a Civilian Lawyer Matters
Facing a Military Administrative Separation Board (ASB) can be one of the most stressful and consequential experiences for any service member. The decisions made at these hearings can affect your military career, retirement, benefits, and future opportunities. Understanding your rights to legal counsel and the impact that an experienced attorney can have on your case is essential to protecting your interests.
Understanding Your Right to Legal Counsel at an ASB
When you are called before an Administrative Separation Board, you have the right to legal representation. This can be in the form of a military defense attorney provided free of charge by the military, or you can choose to hire a civilian attorney at your own expense. Both options come with different implications and potential benefits.
According to military defense attorney Michael Waddington, who has extensive experience representing service members, if you hire a civilian lawyer, that attorney will usually take over your case and be assisted by the military counsel. This means you effectively get the benefit of two lawyers working on your behalf — a significant advantage in navigating the complex military legal system.
Why Consider Hiring a Civilian Military Defense Lawyer?
While the military provides legal counsel, there are several reasons why hiring a civilian military defense lawyer can be a strategic move:
- Expertise and Objectivity: Civilian attorneys specializing in military law often bring years of focused experience and an outside perspective that can help identify unique defenses or procedural protections.
- Personalized Attention: Military attorneys have many cases, but a civilian lawyer you hire will dedicate more time and resources to your individual defense.
- Strategic Advantage: A civilian lawyer can work in tandem with the military counsel to develop a more comprehensive defense strategy, increasing your odds of a favorable outcome.
- Protecting Benefits and Retirement: The stakes at an ASB are high — a negative discharge can lead to loss of VA benefits, retirement, and job opportunities. An experienced civilian lawyer can help mitigate these risks.
The Financial Impact of Separation and Discharge Status
One of the most critical reasons to have strong legal representation at an ASB is to avoid a damaging discharge status such as an Other Than Honorable (OTH) discharge. Such discharges can have long-term financial consequences including loss of VA benefits, difficulty finding civilian employment, and forfeiture of military retirement benefits.
Michael Waddington emphasizes that avoiding a negative discharge through effective legal defense can preserve your financial stability and future opportunities. This makes investing in a skilled civilian military defense lawyer not just a legal decision but a financial one as well.
Additional Context: The Role of a Civilian Lawyer in Military Proceedings
Civilian military lawyers like Michael Waddington and his partner Alexandra Gonzalez-Waddington bring a unique blend of military law expertise and civilian criminal defense experience. They understand the nuances of military regulations, the Uniform Code of Military Justice (UCMJ), and administrative procedures, while also being adept at defending serious criminal allegations, including sexual assault and other misconduct.
For service members facing Boards of Inquiry (BOI) or Administrative Separation Boards, having a civilian advocate who can navigate both military and civilian legal frameworks is invaluable.
What To Do If You’re Facing an Administrative Separation Board
If you or a loved one is facing an ASB or BOI, the first and most important step is to seek legal advice immediately. Do not go into your hearing unprepared. Contact a qualified military defense lawyer who can evaluate your case, explain your rights, and develop a strategy to defend your career and benefits.
Military administrative separation hearings are complex and the outcomes can be life-altering. Having a knowledgeable and aggressive civilian military attorney on your side can level the playing field and improve your chances for a positive resolution.
Conclusion
Your military career, retirement, and benefits are on the line when facing an Administrative Separation Board. While you have the right to free military counsel, hiring a civilian military defense lawyer can provide a critical edge by bringing additional expertise, personalized attention, and strategic advantages to your defense.
Don’t risk your future by going into a separation board without strong legal representation. Reach out to experienced military defense attorneys like Michael Waddington and his team to protect your rights and secure your future.
For more information or to discuss your case confidentially, call 1-800-921-8607 or visit https://ucmjdefense.com.