Administrative Separation Boards (Separation Boards/BOIs) Explained
An Administrative Separation Board, also known as a Board of Inquiry (BOI),
is one of the most serious administrative actions a service member can face. Unlike nonjudicial punishment (Article 15),
a separation board can permanently end a military career, strip benefits, and create a damaging service record.
While it is not a criminal trial, the consequences can be life-changing.
These boards are typically convened when the military seeks to discharge a service member for misconduct, substandard performance,
or certain UCMJ violations. The standard of proof is lower than in a court-martial, but the impact is often just as severe.
Understanding how separation boards work—and how to fight them—is essential for protecting your future.
Why Separation Boards Happen
- Alleged violations of the UCMJ, including Articles 120/120c, 92, 93, 107, 112a, 128, and 134.
- Pattern of misconduct or repeated NJPs (Article 15s).
- Findings from Article 32 hearings that lead to administrative action instead of court-martial.
- Substance abuse or a failed drug test (Article 112a).
- “Conduct unbecoming” or discredit to the service (Article 134).
How the Process Works
A separation board is made up of three officers who hear evidence and decide whether to recommend retention or separation.
Unlike civilian court, the rules of evidence are relaxed, and hearsay or command opinions often come into play.
The service member has the right to be represented by a military defense lawyer and may also retain
experienced civilian defense counsel.
Video: Separation Boards & BOIs
Defenses at Separation Boards
Defenses may include challenging the credibility of witnesses, exposing investigative errors, presenting evidence of good character,
or highlighting flaws in digital forensics, DNA/SANE procedures, or command-directed investigations. Consent defenses in Article 120 cases
often play a central role. While the burden of proof is lower than at trial, a skilled lawyer can still dismantle weak accusations
and prevent an unjust discharge.
Pro Tips & Common Mistakes
Pro Tips
- Hire an experienced civilian defense counsel to work alongside your military lawyer.
- Collect character statements and service records to demonstrate value to the unit.
- Challenge questionable forensic evidence, especially in DNA, SANE, and digital forensic cases.
Common Mistakes
- Believing separation boards are “informal” and not preparing a full defense.
- Failing to contest command testimony or biased investigator reports.
- Assuming innocence alone will prevent separation.
Why Choose Gonzalez & Waddington
At Gonzalez & Waddington, we have defended service members worldwide in separation boards,
Boards of Inquiry, and court-martials involving Articles 120/120c, 92, 93, 107, 112a, 128, and 134.
Our team has decades of experience dismantling weak government cases, exposing command bias, and saving careers.
If you are facing a separation board, your future is on the line. Call us today at 1-800-921-8607 or visit
ucmjdefense.com to schedule a confidential consultation.
Frequently Asked Questions
What is the difference between a separation board and a court-martial?
A separation board is administrative and decides whether to discharge you, while a court-martial is a criminal trial that can result in confinement.
Do I need a civilian lawyer at a BOI?
Yes. While military lawyers are provided, they are often overworked. A civilian lawyer can build a stronger defense.
Can I present evidence and witnesses at my separation board?
Yes. You can call witnesses, cross-examine government witnesses, and introduce documents or testimony supporting your case.
What happens if I am separated?
You may receive an Honorable, General, or Other Than Honorable discharge. Each affects your VA benefits and civilian opportunities differently.
Can separation boards consider old NJPs or counseling statements?
Yes. Prior administrative actions and NJPs are often introduced as evidence of a pattern of misconduct.