Separation Boards/Boards of Inquiry

Aggressive, dedicated, and experienced military defense team fighting for Soldiers, Airmen, Marines, Sailors, and Coast Guardsmen all over the world.

Our staff at Shewmaker and Shewmaker is comprised of former senior officers and enlisted members from the Army, Air Force, Navy, and Marine Corps.  We have over 200 years of military service and legal experience.  Over those years, we have developed specific litigation plans and strategies that have garnered great success at separation boards.  We understand what boards are looking for.We know how to present evidence. We know what rules of evidence apply and those that do not in front of boards. We know what arguments work before boards and those that generally do not. We always endeavor to limit the Government’s ability to attack you. We utilize your service records to the greatest extent possible. In short, we have a team of military law experts ready to help you navigate the administrative separation process with confidence and success.

While an administrative discharge from the military does not result in jail time, sex offender registration or notation on your criminal history, being separated can still result in lifelong consequences such as a loss of eligibility for Veterans Benefits (and GI Bill educational benefits) or the inability to find a sustainable career in civilian life.  Any member of the Armed Forces who is recommended for discharge is called the “Respondent” instead of the court martial term, the “Accused”.

If the military seeks to separate any service member with more than six (6) years of service (eight years in the U.S. Coast Guard) or separate a service member with any length of service and characterize his/her service as Under Other Than Honorable Conditions (OTH), the Respondent is guaranteed the opportunity to fight his/her case at an administrative separation hearing.

From a litigation standpoint, an administrative separation hearing is very similar to a contested courts-martial.  The Respondent is entitled to have an attorney, call witnesses, cross examine witnesses, and present opening and closing statements. One stark difference between a separation board and a contested courts-martial is that the rules of evidence do not apply (in most but not all cases), which means any relevant piece of evidence is generally admissible at a separation board.

When the administrative board, which is generally comprised of three (3) members senior in rank to the Respondent, convenes it will consider all of the evidence presented at the board including the service member’s record of service. In closed session deliberations, the board members will then decide whether the preponderance of evidence supports separating or retaining the Respondent.  If the Respondent is separated, the board must then decide whether to issue the Respondent an OTH, General Under Honorable conditions discharge, or an Honorable Discharge.