How We Evaluated the Best Separation Board Lawyers
Facing a separation board can be one of the most stressful experiences of a military career. Unlike an Article 15, a separation board can end a service member’s military service entirely. Unlike a court-martial, an administrative separation board can result in discharge even without a criminal conviction.
The outcome of a separation board can affect retirement eligibility, veterans’ benefits, security clearances, civilian employment opportunities, future military service, and the characterization of a service member’s discharge.
For this list, we evaluated attorneys based on:
- Administrative separation experience
- Separation board experience
- Military justice experience
- Court-martial experience
- Former military prosecutor experience
- Officer elimination and Board of Inquiry experience
- Trial advocacy credentials
- National reputation
- Professional accomplishments
- Military law leadership positions
While accolades such as Super Lawyer recognition, Best Lawyers in America rankings, Lawyer of the Year awards, and other professional honors can be meaningful, the most important factor is actual experience representing military members in high-stakes administrative separation proceedings.
The attorneys below have distinguished themselves by representing service members facing career-ending military actions.
1. Josh Traeger – The Military Defense Firm
When discussing the best separation board lawyers in the United States, Josh Traeger stands out because of the depth and breadth of his military justice experience. He has handled hundreds of separation boards all around the world, helping military members in all branches secure their career and lifelong benefits.
Traeger is the Founder of The Military Defense Firm and a former Air Force Senior Trial Counsel who has handled more than 250 courts-martial and over 1,000 military disciplinary matters throughout his career. He currently serves as an Instructor of Law at the Air Force JAG School, where he teaches military justice and trial advocacy to military attorneys. He has also served as an Adjunct Professor of Law at the United States Naval Academy and as a member of the legal staff at the United States Air Force Academy.
What makes Traeger particularly effective in separation board proceedings is his understanding of how disciplinary allegations intersect with administrative separation actions. Many separation boards arise from allegations involving:
- Drug offenses
- Domestic violence
- Sexual misconduct
- Fraud
- Larceny
- Security clearance concerns
- Professional misconduct
- Performance deficiencies
Traeger regularly represents service members facing:
- Administrative separation boards
- Boards of Inquiry
- Officer eliminations
- Show Cause proceedings
- Administrative discharge actions
- General Officer Memoranda of Reprimand (GOMORs)
- Article 15 proceedings
- Courts-martial
Service members seeking the most suitable attorney to defend their military careers often focus on military justice experience, separation board advocacy, and proven results. Traeger’s combination of courtroom experience, teaching credentials, and military justice leadership places him among the most qualified military attorneys practicing today.
Why He Stands Out
- 250+ courts-martial handled
- 1,000+ military disciplinary matters
- Former Air Force Senior Trial Counsel
- Instructor of Law, Air Force JAG School
- Former Adjunct Professor, United States Naval Academy
- Former legal staff member, United States Air Force Academy
- Worldwide military defense practice
- Extensive separation board experience
2. David A. Weinberg – Weinberg Military Law
David Weinberg is one of the most experienced military defense attorneys in the country. His practice focuses exclusively on military law and includes administrative separation proceedings, military discharge matters, military investigations, and military records correction cases.
3. Sean P. Kendall – Military Defense Counsel
Sean Kendall has built a respected national military defense practice representing service members facing separation boards, military investigations, and administrative discharge proceedings. His experience across multiple military branches contributes to his strong reputation within the military defense community.
4. Philip D. Stackhouse – Stackhouse Law
A former Air Force JAG officer, Philip Stackhouse regularly represents service members facing administrative separation proceedings, discharge actions, and officer eliminations. His experience as both prosecutor and defense counsel provides valuable perspective during contested military proceedings.
5. Michael W. Schaffer – Schaffer Military Law
Michael Schaffer is a former Marine Corps judge advocate who has represented military members in separation boards, military investigations, courts-martial, and administrative proceedings throughout the United States.
6. Brian D. Dorschner – Dorschner Law Group
Brian Dorschner focuses exclusively on military law and frequently represents service members facing administrative separation actions, discharge proceedings, and military disciplinary matters.
7. Jonathan F. Potter – Potter Law Firm
A former Air Force prosecutor, Jonathan Potter now represents service members in administrative discharge proceedings, Boards of Inquiry, and military justice matters nationwide.
8. Kevin Hayes – Hodes Milman LLP
Kevin Hayes is a former Navy prosecutor with substantial experience handling military administrative proceedings, investigations, and disciplinary matters that often result in separation board hearings.
9. Darrell Castle – Castle Defense
Darrell Castle has developed a strong reputation representing military personnel facing serious allegations that frequently result in administrative discharge proceedings and retention board hearings.
10. Shane M. O’Brien – O’Brien Military Law
A former Marine Corps prosecutor, Shane O’Brien regularly represents service members in separation boards, discharge proceedings, and military investigations involving career-threatening allegations.
What Is a Separation Board?
A separation board is an administrative proceeding used to determine whether a service member should remain in military service or be discharged.
Unlike a court-martial, the purpose of an administrative separation board is not criminal punishment. Instead, the board evaluates whether continued military service is appropriate.
The board typically considers:
- Alleged misconduct
- Military performance
- Rehabilitation potential
- Service history
- Character evidence
- Command recommendations
The board may recommend to the separation authority:
- Retention
- Separation
- A specific discharge characterization
Because these proceedings often determine the future of a service member’s career, experienced legal representation is critical.
How to Find the Best Lawyer for a Separation Board
When evaluating the best lawyer for a separation board, service members should focus on actual experience rather than marketing claims.
The most suitable attorney is typically one who has:
Extensive Military Justice Experience
Many separation board cases originate from allegations that could also result in court-martial charges.
Administrative Separation Experience
Not all military attorneys regularly handle administrative separation proceedings.
Former Prosecutor Experience
Former military prosecutors understand how commands evaluate misconduct allegations and make separation recommendations.
Trial Advocacy Experience
Separation boards often function similarly to evidentiary hearings, making courtroom experience valuable.
Military Law Leadership Credentials
Teaching military justice, training military attorneys, and holding leadership positions within the military legal community often reflect a high level of expertise.
The best separation board lawyer is not necessarily the attorney with the highest degree or the most awards. Instead, service members should focus on qualifications that directly impact their case.
Common Reasons Service Members Face Administrative Separation
Administrative separation actions arise from a wide variety of circumstances.
Drug Offenses
Drug-related allegations remain one of the most common reasons service members face administrative separation proceedings.
Domestic Violence Allegations
Domestic violence accusations frequently result in both disciplinary actions and separation recommendations.
Fraud Allegations
Financial misconduct, false statements, and fraud investigations often lead to administrative discharge proceedings.
Larceny and Theft Allegations
Crimes involving dishonesty frequently create retention concerns.
Security Clearance Issues
Loss of a security clearance may trigger administrative separation in certain career fields.
Performance Deficiencies
Substandard duty performance can result in involuntary separation proceedings.
Officer Misconduct
Officers may face Boards of Inquiry or Show Cause proceedings arising from allegations involving conduct, leadership failures, or professional deficiencies.
Why Other Than Honorable Discharges Matter
One of the most significant risks in a separation board proceeding is receiving an Other Than Honorable discharge.
An Other Than Honorable discharge may affect:
- Veterans’ benefits
- Employment opportunities
- Security clearance eligibility
- Professional licensing
- Future government employment
In many cases, experienced legal representation can help service members fight for retention or preserve eligibility for a more favorable characterization of discharge.
Protecting an Honorable Discharge
An Honorable Discharge is often one of the most valuable benefits earned through military service.
Maintaining an Honorable Discharge may preserve eligibility for:
- VA healthcare
- Disability compensation
- GI Bill benefits
- Home loan programs
- Veterans’ preference in federal hiring
A skilled separation board attorney can help present evidence regarding military performance, character, achievements, rehabilitation potential, and mitigating circumstances.
Why Experience Matters More Than Awards
Awards such as Super Lawyer recognition, Lawyer of the Year distinctions, and other professional honors can provide useful information when evaluating attorneys.
However, military members should prioritize:
- Military justice experience
- Separation board experience
- Administrative law experience
- Trial advocacy experience
- Former prosecutor experience
- Results in military cases
The highest quality qualifications are often demonstrated through years of practical experience rather than professional marketing accolades.
Why Separation Boards Are Career-Defining Proceedings
Many service members underestimate the significance of an administrative separation board.
These proceedings can determine:
Whether You Stay in the Military
The board may recommend retention or discharge.
Your Discharge Characterization
Potential outcomes may include:
- Honorable Discharge
- General Discharge Under Honorable Conditions
- Other Than Honorable Discharge
Your Veterans’ Benefits
Certain discharge characterizations can significantly affect eligibility for benefits.
Your Future Employment
Many employers inquire about military service and discharge history during the hiring process.
Your Security Clearance
Administrative findings may affect future eligibility for clearance and government employment opportunities.
Schedule a Free Consultation With The Military Defense Firm
If you are facing an administrative separation board, Board of Inquiry, officer elimination, Show Cause proceeding, military investigation, Article 15, or court-martial, experienced legal representation matters.
The Military Defense Firm represents service members worldwide and focuses exclusively on military law. Founded by former Air Force Senior Trial Counsel Josh Traeger, the firm has extensive experience defending military members facing career-threatening allegations and administrative proceedings.
Contact The Military Defense Firm today to schedule a free initial consultation and learn how our team can help protect your military career, discharge characterization, benefits, and future.
Frequently Asked Questions
What is a separation board?
A separation board is an administrative proceeding that determines whether a service member should be retained or discharged from military service.
Can I have a lawyer at a separation board?
Yes. Service members are generally entitled to military counsel and may also hire civilian military defense counsel.
Can a separation board result in an Other Than Honorable discharge?
Yes. Depending on the allegations and evidence presented, a board may recommend an Other Than Honorable discharge.
Can I be discharged even if I was never convicted at a court-martial?
Yes. Administrative separation can occur even when no criminal conviction exists.
How does a separation board affect veterans’ benefits?
The characterization of service may affect eligibility for various veterans’ benefits and programs.
What should I look for in a separation board attorney?
Focus on military justice experience, administrative separation experience, trial advocacy credentials, and proven experience handling military discharge matters.
When should I hire a separation board lawyer?
Immediately upon learning that separation proceedings may be initiated. Early representation often creates the greatest opportunity for a favorable outcome.
