Payments (opens in a new tab) Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us
Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

Overview of Officer Separation Boards

When an officer is recommended for involuntary separation due to performance, misconduct, or a mental or physical disability, the matter is evaluated by an administrative separation board. These boards may be referred to as a Board of Inquiry, Show Cause Board, Elimination Board, or Board of Officers, depending on the branch of service.

An officer separation board is an administrative alternative to a court-martial in which an officer’s misconduct, performance, and overall service record are reviewed, and career determinations are made. Because these proceedings can significantly impact an officer’s retirement benefits and future pay, they are critically important. Military Justice Attorneys has successfully defended officers from every branch of the military facing administrative separation. If you have been notified of involuntary separation, it is essential to seek legal guidance.

Topography textured background

Authority Governing Officer Separations

Each branch of the military has its own regulations governing officer separations. Common regulations for active-duty officers include:

  • Air Force: DAFI 36-3211 (Military Separations)
  • Army: AR 600-8-24 (Officer Transfers and Discharges)
  • Coast Guard: COMDTINST M1000.4 (Military Separations)
  • Navy and Marine Corps: SECNAVINST 1920.6D (Administrative Separation of Officers)

These regulations require that officers facing administrative separation be formally advised of the basis and potential consequences of the action.

Case Results We’ve been in the fight & know how to win

View All Results

NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

Textured background

GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

Textured background

NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

Textured background

GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

Textured background

GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

Textured background

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

Textured background

PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

Textured background

GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

Textured background

GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

Textured background

GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

Textured background
View All Results
Topography textured background

What Officers Must Be Notified Of

Officers facing administrative separation must be advised of:

  • The specific allegations supporting the proposed separation
  • The regulatory authority authorizing the separation
  • Whether separation could result in discharge, release to a Reserve Component, or release from military custody and control
  • The least favorable characterization of service that may be issued
  • The discharge and characterization recommended by the initiating commander

Intermediate commanders may recommend a less favorable characterization than the initiating commander. While these recommendations do not bind the separation authority, it may not issue a characterization of service less favorable than that recommended by the separation board.

Banner media

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
Topography textured background

Available 24/7 to Help Anyone in the World

Contact Us (843) 755-6535

Eligibility for an Officer Separation Board

Officers are entitled to a separation board only if they have more than six years of active commissioned service or if they face the possibility of receiving an Other Than Honorable (OTH) characterization of service. Officers with fewer than six years of active commissioned service are considered probationary officers and are not entitled to a board hearing.

These officers may be separated through notification procedures and receive either an Honorable or General (under honorable conditions) discharge. Prior enlisted service does not count toward the six-year active commissioned service requirement.

Officers’ Rights in Separation Proceedings

Officers facing involuntary administrative separation are entitled to important procedural rights, including the right to:

  • Consult with military or civilian counsel
  • Obtain copies of documents supporting the proposed separation
  • Appear before an administrative separation board (non-probationary officers only)
  • Submit written statements instead of board proceedings
  • Request appointed military counsel
  • Retain civilian counsel at no expense to the government
  • Waive rights in writing, including through a conditional waiver

A conditional waiver allows an officer to waive the right to a board hearing contingent upon receiving a favorable characterization of service. The separation authority may approve or disapprove such a waiver. Officers may also be offered the opportunity to voluntarily resign or retire, depending on the circumstances.

Officer Separation Board Hearing Procedures

Officer separation boards are composed of at least three members, typically in the grade of O-5 or above, who must be unbiased and senior in rank to the officer facing separation.

At the hearing, officers may:

  • Appear in person with or without counsel
  • Submit documentary evidence
  • Request and question witnesses
  • Challenge board members for cause
  • Present arguments before deliberations

Officers are not required to testify and may choose to remain silent, provide a sworn statement subject to cross-examination, or submit an unsworn statement.

Topography textured background

Board Findings and Recommendations

After reviewing the evidence, the board determines whether a preponderance of the evidence supports each allegation. If the basis is satisfied, the board decides whether the officer should be retained or separated.

If separation is recommended, the board must also recommend a characterization of service:

  • Honorable: Service meets or exceeds standards of acceptable conduct and performance
  • General (under honorable conditions): Service is satisfactory but not sufficiently meritorious to warrant an Honorable discharge
  • Other Than Honorable (OTH): Issued when conduct represents a significant departure from expected standards

The board may also recommend suspension of separation, though such a recommendation is not binding on the separation authority.

Military Justice Attorneys logo

Action by the Separation Authority

Following the board’s conclusion, the case is forwarded to the separation authority for final action. The separation authority may approve or disapprove the board’s recommendations. Still, it may not direct discharge if the board recommends retention, nor may it issue a characterization of service less favorable than that recommended by the board.

Banner media

Client Testimonials Their Words. Their Cases. Their Results.

View All Testimonials

"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
Topography textured background

Appealing an Unjust Officer Separation

Officers who believe they were improperly separated or received an unjust characterization of service may appeal to the appropriate Board for Correction of Military Records or Discharge Review Board.

These boards have the authority to correct errors and injustices, and in some cases, to upgrade a discharge.

Contact Military Justice Attorneys

Military Justice Attorneys has successfully represented officers facing involuntary separation and adverse career consequences. If you have been notified of an officer separation board and wish to fight for your career, benefits, or retirement, contact us today to schedule a consultation.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

(843) 755-6535
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Submit Information
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (843) 755-6535.
Contact Us