MJ Law GroupYour Mission. Our Fight.

Practice Area

Separation Boards

One board decides how you leave and what you keep.

Overview

About Separation Boards

What a separation board is called, and whether you get one at all, depends on rank and branch. For enlisted service members, the proceeding is an Administrative Separation Board (also called an Administrative Discharge Board), typically triggered when a commander initiates separation and the member is entitled to a hearing, generally after six or more years of service, or any time the proposed discharge characterization is Under Other Than Honorable. It runs under AR 635-200 in the Army, AFI 36-3208 in the Air Force and Space Force, the MILPERSMAN 1910 series in the Navy, MCO 1900.16 (the MARCORSEPMAN) in the Marine Corps, and COMDTINST M1000.4 in the Coast Guard. For officers, the proceeding is a Board of Inquiry, the "show cause" board, convened on one of three statutory grounds: substandard performance of duty, misconduct or moral or professional dereliction, or derogatory information. Army officers appear under AR 600-8-24, Air Force and Space Force officers under AFI 36-3206, and Navy, Marine Corps, and Coast Guard officers under SECNAVINST 1920.6-series regulations. Medical separations run on a parallel track: the MEB/PEB process under the Legacy or Integrated Disability Evaluation System (LDES/IDES).

At each phase of the proceeding, we work to defeat the separation outright. Where separation is inevitable, characterization becomes the whole fight, and the record built for the board (mitigation, context, character evidence) is what determines the discharge that follows the client home. Our work spans investigating the record before the board convenes, drafting written matters, calling and cross-examining witnesses at the hearing, and preparing the client to testify.

What’s at Stake

Your discharge characterization, and with it your GI Bill, VA healthcare, and disability eligibility.

  • Whether you are retained or separated from service
  • Your discharge characterization, and the DD-214 that carries it
  • Post-9/11 GI Bill eligibility for you and any transferred dependents
  • VA healthcare enrollment and disability compensation eligibility
  • Retirement, if separation occurs before you reach twenty years
  • Recoupment of enlistment, commissioning, or special-pay bonuses

Common Questions

Frequently Asked

What is the difference between a separation board and a Board of Inquiry?
They are the same kind of proceeding at different ranks. Enlisted service members appear before an Administrative Separation Board, sometimes called an Administrative Discharge Board, generally triggered when a commander initiates separation and the member has a right to a hearing, typically after six or more years of service or any time the proposed characterization is Under Other Than Honorable. Officers appear before a Board of Inquiry, commonly called a show cause board, convened on one of three statutory grounds: substandard performance of duty, misconduct or moral or professional dereliction, or derogatory information. Both are administrative rather than criminal proceedings, both use a preponderance of the evidence standard, and in both the panel makes two decisions: whether the alleged basis is supported, and if so, whether the member should be retained or separated and with what characterization.
Can I be separated for something I was never convicted of?
Yes, and this surprises many service members. Administrative separation boards apply a preponderance of the evidence standard, meaning the government need only show that something is more likely true than not. That is a substantially lower bar than the beyond a reasonable doubt standard at a court-martial. A service member can be acquitted at trial, or never charged at all, and still face separation on the same underlying allegations. Nonjudicial punishment, a civilian arrest that never resulted in conviction, and a pattern of misconduct documented only in counseling statements can each support separation. This is precisely why a board is not a formality and why the record you build for it matters as much as the facts themselves.
How does my discharge characterization affect my VA benefits?
Substantially. An Honorable discharge preserves the full range of benefits: Post-9/11 GI Bill, VA healthcare, home loan guaranty, and disability compensation. A General discharge under honorable conditions preserves most benefits but generally forfeits GI Bill education entitlement. An Under Other Than Honorable discharge is the sharpest break, frequently barring GI Bill benefits and home loan eligibility and requiring a VA character of discharge determination before healthcare or compensation can be awarded at all. Because characterization is decided at the board and follows you on the DD-214 for the rest of your life, it is often the most consequential single outcome of the proceeding, and it remains contestable through a Discharge Review Board or a Board for Correction of Military Records afterward.
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