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Military separation boards are administrative proceedings that handle discharges from service, grade and career determinations, and other criminal or non-criminal matters. A command may refer minor charges against a commissioned officer to a military board in lieu of court-martial. Regardless of the specific body involved, our military law attorneys can offer indispensable counsel to servicemembers appealing to, or undergoing review by, a military board. Contact our military lawyers now to learn more.
A Board of Inquiry constitutes an administrative alternative to court-martial, wherein an officer’s misconduct and service record are evaluated and career determinations made. This board is vested with certain powers at their collective discretion, depending on whether or not the subject officer is retirement eligible. Because of their long-term influence on retirement benefits and pay, boards of inquiry are extremely important.
When a command recommends that a servicemember be involuntarily discharged based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative discharge board. An administrative separation hearing offers the servicemember the opportunity to fight for retention in the military prior to a discharge being issued.
Probationary officers and enlisted members with less than 6 years of active duty generally do not rate a separation board when they are discharged under Honorable or General (Under Honorable Conditions). As a result, they can be involuntarily separated via “notification procedures” and never get to make their case in front of a board. Servicemembers can rebut the separation action and fight for retention on active duty, suspension of the separation, or an Honorable discharge.