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.

How Does a Discharge Board Work?

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 an 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.

What Happens at a Discharge Board Hearing

Administrative discharge occurs when a service member is released from the military against their will, and it can carry serious consequences — including the loss of veteran’s benefits and lasting effects on your career. While it isn’t as severe as a court-martial, it is a serious matter. Many discharges are handled through written notification, which limits your defense to a written explanation. When you are granted a board hearing instead, the board reviews the discharge to determine whether it is sound and reasonable.

Discharge board hearings are relatively standard and typically last from thirty minutes to one hour. As the respondent, you’re allowed to present an “issue” — the specific reason you believe the discharge is improper or unfair. You have the right to submit evidence, the right to legal counsel, the right to remain silent, and the right to present witnesses.

It helps to come prepared: bring a photo ID (and have your witnesses bring theirs), along with letters of recommendation and documentation of community service or personal success. Most hearings begin with a briefing, after which you’re sworn in and given the chance to make an opening statement. The board then asks questions to clarify the details of your case before voting on the matter. For the discharge to be decided in your favor, the majority of the board must vote favorably.

While an attorney isn’t required at an administrative discharge hearing, having one is a real asset — especially a lawyer who thoroughly understands the military legal system. A military attorney can help you gather witnesses and evidence and provide the guidance you need to face the board with confidence. At Military Trial Defenders, we’re committed to giving our clients the support they need.

The Process: What to Expect