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Military Law Updates

Military Separation Boards and Boards of Inquiry

Posted by Matthew Jubelt | May 27, 2021

The procedures for the separation of enlisted personnel is dependent upon the component of service. Although Active Duty enlisted separations are regulated under AR 635-300, Reserve and National Guard enlisted separations are regulated under AR 135-178. Each regulation sets forth different procedures, timelines and protocols for each component. Similarly, Active duty officer elimination boards are regulated by AR 600-8-24, while Reserve and National Guard Officer separations are regulated by AR 135-175. In all instances, the Procedures for Administrative Investigations and Boards of Officers as established under AR 15-6  dictates the general guidelines for all formal board procedures where the other regulations are silent.  

Unlike a court-martial which can issue punitive discharge like an Honorable Discharge, Bad Conduct Discharge or Dishonorable Discharge, a separation boards or boards of inquiry bring with them the prospect of a characterization of military service that may act as a statutory bar to benefits or otherwise limit certain veteran's benefits.  An administrative discharge may be either Honorable, General (under Honorable Conditions) or Other than Honorable. Early and frequent communication between a Servicemember and military counsel will help to secure the best possible outcome for continued military service or post-service benefits. Contact an experienced military lawyer to best position yourself and your future. 

About the Author

Matthew Jubelt

Matthew G. Jubelt, Attorney & Counselor at Law | 114 Albany Street | Post Office Box 441 | Cazenovia, New York 13035 | [email protected] | tel. (315) 665-1902 | fax (315) 293-2644  Education Syracuse University College of Law, J.D., 2009 Syracuse University Maxwell School of Citizens...

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