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Overview of Administrative Separation and Chapter Boards

When a command recommends that an enlisted service member be involuntarily discharged due to performance, misconduct, or mental or physical inability, the matter may be evaluated by an administrative separation board, commonly referred to as a “chapter board.” A separation board provides the service member with an opportunity to contest the proposed separation and fight for retention in the military.

Military Justice Attorneys has successfully defended service members from every branch of the military facing administrative separation. If you have been notified of a separation board hearing and want to fight for your career, experienced legal guidance is critical.

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Who Is Entitled to a Separation Board?

Service members are entitled to an administrative separation board when they have more than six years of total active and reserve service, or when they face the possibility of receiving an Other Than Honorable (OTH) characterization of service.

Service members with fewer than six years of active-duty service are generally not entitled to a board hearing. Instead, they may be processed through notification procedures and separated with an Honorable or General discharge (under honorable conditions).

Regulations Governing Administrative Separation

Each branch of the military has its own regulations governing administrative separation processing. Common rules for enlisted service members include:

  • Air Force: DAFI 36-3211 (Military Separations)
  • Army: AR 635-200 (Active Duty Enlisted Administrative Separations)
  • Coast Guard: COMDTINST M1000.4 (Military Separations)
  • Marine Corps: MCO 1900.16 (MARCORSEPMAN)
  • Navy: NAVPERS 15560D (MILPERSMAN)

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

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NO GOMOR ISSUED

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

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GOMOR LOCALLY FILED

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

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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.

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GOMOR REMOVED

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

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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.

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MARINE SNCO PROMOTED

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

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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.

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GOMOR WITHDRAWN AND DESTROYED

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

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GOMOR LOCALLY FILED

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

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GOMOR TRANSFERRED

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

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What a Service Member Must Be Notified Of

Service members facing administrative separation must be advised of several key matters, including:

  • The specific allegations supporting the proposed separation
  • The regulatory authority for 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 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.

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

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"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

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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

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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
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Service Members’ Rights in Separation Board Proceedings

Service members facing a separation board are entitled to numerous 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
  • Submit written statements instead of board proceedings
  • Request appointed military counsel
  • Retain civilian counsel at no expense to the government
  • Waive these rights in writing

A service member may submit a conditional waiver, agreeing to waive the board hearing contingent upon receiving a favorable characterization of service. The separation authority may approve or disapprove such a waiver.

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What Happens at a Separation Board Hearing

Separation boards are typically composed of at least three members, including officers and enlisted personnel who are senior in rank to the service member and free from bias.

At the hearing, service members may:

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

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

Board Findings and Recommendations

After reviewing the evidence, the board determines whether a preponderance of the evidence supports each allegation. If so, the board decides whether separation is warranted or whether the service member should be retained.

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

  • Honorable
  • General (under honorable conditions)
  • Other Than Honorable (OTH)

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

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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
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Action by the Separation Authority

Once the board concludes its deliberations, 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 separation if the board recommends retention, nor may it issue a characterization of service less favorable than that recommended by the board.

Appealing an Unjust Separation or Characterization

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

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 helped service members challenge unjust separation actions and protect their careers. If you have been notified of a separation or chapter board and wish to contest retention or a fair characterization of your service, 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.

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