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  • Administrative Separation Defense

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    Boards of Inquiry

    A Board of Inquiry constitutes an administrative alternative to court-martial, wherein an officer’s misconduct and service record are evaluated and career determinations made. This board is vested with certain powers at their collective discretion, depending on whether or not the subject officer is retirement eligible. Because of their long-term influence on retirement benefits and pay, boards of inquiry are extremely important.

    Administrative Discharge Boards

    When a command recommends that a servicemember be involuntarily discharged based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative discharge board. An administrative separation hearing offers the servicemember the opportunity to fight for retention in the military prior to a discharge being issued.

    Notification Procedures

    Probationary officers and enlisted members with less than 6 years of active duty generally do not rate a separation board when they are discharged under Honorable or General (Under Honorable Conditions). As a result, they can be involuntarily separated via “notification procedures” and never get to make their case in front of a board. Servicemembers can rebut the separation action and fight for retention on active duty, suspension of the separation, or an Honorable discharge.