Sometimes, the military chooses not to court-martial its servicemembers, but it instead chooses for a quicker path: involuntary discharge (also called separation or chapter). For officers, the boards are called boards of inquiry. While not subjecting the member to federal conviction or jail time, the consequences can still be devastating.
Depending on a number of factors, including length of service, basis for discharge, and recommended service characterization (honorable, under honorable conditions (general), or under other than honorable conditions), the servicemember may be entitled to a discharge board (also called separation board). Each military branch has its own rules for these boards, and they range from a mini court-martial to a conference table meeting.
Even if the member is not entitled to a board, there are still due process requirements, including the ability to respond in writing. While you might feel like there’s no stopping a discharge, Veritas Military Law can help protect your rights and setup a good argument for a later discharge upgrade.
Veritas Military Law has experience in both prosecuting and defending administative discharges and separations, including for underlying bases of sexual assault, drug use, serious offenses, active participation in extremist organization, drug abuse, PT failures, fraudulent enlistment, and erroneous enlistment, with service members ranging from only months of service to only months left to retirement.
