Excellent Discharge Board Representation
Members of the military are sometimes separated from military service involuntarily by administrative discharge. The basis for this kind of separation can range from health to misconduct to criminal conviction. Based on the rank and service time of the individual, some service members are entitled to board processing rather than notification (written) processing. The service member’s command must notify him or her in writing of the basis for the separation and the recommended characterization of service. At this point, the service member needs qualified legal counsel to present their side of the story including the entirety of the military member’s record. This information is considered in the final decision, and your commander may decide not to proceed after receiving these materials. For this reason, it’s crucial to have a knowledgeable discharge board attorney.
A discharge board consists of 3 members senior in rank to the Respondent, a legal advisor, and a Recorder (or prosecutor). Board decisions are not required to be beyond a reasonable doubt, rather, they are based upon a preponderance of evidence.
The Respondent has several rights at an administrative board. Some of these rights include:
- The right to appear in person before the board, with or without counsel
- The right to challenge any voting member of the board by showing that the member cannot render an impartial decision
- The right to submit an oral or written statement or to remain silent
- The right to request the attendance of witnesses at the hearing
- The right to question any witness or have counsel question any witness
The board considers all of the evidence and then votes on whether or not there is adequate basis for discharge. Much of this decision is based on the evidence and testimony put forward by the Respondent and his or her counsel.
If you are facing administrative discharge, contact Military Trial Defenders today. We have the experience you need to ensure a favorable outcome, and we will fight on your behalf.