"This case is about whether the Air Force should fire Airman [Snuffy]."

​

That was the opening theme in one of my early discharge boards as a junior judge advocate. I could not have been more wrong. An administrative discharge can cost so much more.

​

What Is an Administrative Discharge Board?

An administrative discharge board is a panel that reviews a service member’s conduct and performance to decide whether they should be discharged from the military. Unlike courts-martial, which deal with criminal offenses, these boards focus on administrative issues like misconduct, poor performance, or other reasons that may warrant separation from the service.

​

Examples of Bases for Discharge

1. Progressive Discipline (i.e. after non-judicial punishment that followed administrative paperwork)
    

2. Single Allegation of Serious Misconduct
    

3. Court-Martial Conviction (no punitive discharge)
    

4. A Civilian Conviction
    

5. Positive Drug Test (some services)
    

6. And More . . . 

​

Though each service may call it something different (i.e. Navy "Administrative Separation Board," Air Force "Discharge Board"), they all mostly follow the same process:

 

The General Process

1. Notification: The service member is notified that he or she is being considered for discharge. This notification includes the reasons for the proposed discharge and the rights of the service member during the process.
   
   NOTE: If you have less than six (6) years of service, you are generally not entitled to a board hearing (some exceptions). This is often called a Notification Discharge and you get a very short time to respond.
    

2. Preparation: The service member has the right to consult with a military lawyer (and/or hire a civilian lawyer) and prepare a defense. The defense will investigate and gather evidence, prepare witnesses (and prepare to cross-examine the Government's witnesses, and prepare arguments to make to the board.
    

3. Hearing: During the hearing, the board, made up of officers or senior enlisted members, listens to both sides. The service member and his or her lawyer(s) can present the defense case, cross-examine witnesses, and make closing statements.
    

4. Deliberation: After the hearing, the board deliberates in private to decide whether the service member should be discharged and, if so, what type of discharge he or she should receive.

​

Potential Outcomes

• Retention: This is the best possible outcome. You get to continue your proud military service.
   

• Honorable Discharge: This is the best possible outcome if discharged. It provides the most benefits for veterans.
   

• Under Honorable (General) Discharge: This discharge is given for satisfactory service but may involve some issues with conduct or performance. It still provides some benefits but fewer than an honorable discharge.
   

• Other Than Honorable (UOTHC) Discharge: This is the most severe administrative discharge. It is given for serious misconduct and can result in the loss of many veterans' benefits.
  
  NOTE: No matter how long you've served, you ALWAYS are entitled to a board if this is sought.

​

It is also important to remember that though the individual service determines the characterization of your discharge, it is the Veterans Administration (VA) that determines your benefits eligibility. But, you want to avoid being in that situation at all!

​

Appealing a Discharge

Under some circumstances, you can appeal a discharge received from a discharge board. Your best chance to do so is to consider working with a lawyer with experience before the service DRBs and BCMRs/BCNR. 

​​

Experience Matters

Understanding the administrative discharge board process is crucial. You will most likely have the benefit of a free military defense lawyer, who is almost always a junior officer and (with very few exceptions) relatively inexperienced. Having experienced legal representation, with a deep understanding of not only the board process, but how to appeal if necessary, can make a big difference.