Administrative Separation & Boards of Inquiry
Defending Your Military Career When Separation Is on the Line
Defending Your Military Career When Separation Is on the Line
When the military seeks to separate you from service, the consequences can extend far beyond the end of your military career. An Administrative Separation (AdSep) Board or Board of Inquiry (BOI) can affect your characterization of service, benefits, professional reputation, and future opportunities.
For enlisted service members, the process may involve an Administrative Separation Board. For officers, the corresponding proceeding may be a Board of Inquiry.
Carmichael Ellis & Brock represents service members facing Administrative Separation proceedings and Boards of Inquiry. Our attorneys help clients understand their rights, prepare their defense, and present the strongest possible case before the board.
What Is an Administrative Separation or Board of Inquiry?
When a command seeks to separate a service member from the military through an administrative process, the service member is generally notified in writing of the proposed separation and the basis for it.
The exact procedures and rights depend on the service branch, the service member's status, and the basis for separation.
An administrative board is not a court-martial. It cannot result in a criminal conviction or confinement. However, the outcome can have significant and lasting consequences for a service member's military record and future.
Administrative Separation Boards
An Administrative Separation Board generally applies to enlisted service members who meet the applicable requirements for a board.
At the board, the government presents its case, and the service member has an opportunity to respond to the allegations and present evidence and witnesses.
Unlike a court-martial, the formal rules of evidence used at trial do not generally apply in the same way to an administrative separation board. The government may rely on documentary evidence rather than presenting live witnesses.
Service members have the right to military defense counsel and may also have the ability to retain civilian counsel to assist with preparation and representation.
Boards of Inquiry
A Board of Inquiry (BOI) is an administrative proceeding generally used for officers facing certain separation actions.
A BOI can address whether there is a basis for separation and whether the officer should be retained in military service.
Because an officer's military career may be at stake, preparation for a BOI can require careful review of the allegations, investigative materials, service record, witnesses, and other evidence.