When an enlisted Soldier in the Army is notified that they may be separated, the stakes couldn’t be higher — especially for those who have invested years of service in their careers. The Army only entitles Soldiers to a formal separation board after they have completed a certain period of service, and there is an important “safe harbor” once you’ve reached 18 years. If you’re facing possible separation, the time to start preparing your defense is immediately — not after a board date is set.
While I can only directly represent members of the D.C. National Guard as part of my duties as a JAG officer — and I never accept payment for that work — I have advised many other servicemembers informally over the years. Even if I can’t personally represent you, I can often help you connect with the right military defense counsel in your chain of command or with pro bono veterans’ networks. My priority is making sure Soldiers know their rights, understand the process, and begin building a defense right away.
Understanding Your Entitlement to a Board
In the Army, not every Soldier facing separation is entitled to a board. The right depends on your years of service and, in some cases, the type of discharge you might receive. Once you hit 18 years of service, you reach a safe harbor period where separation becomes significantly harder for the command to push through. This rule is designed to protect careers nearing retirement eligibility — but it is not absolute, and commands can still try to move forward.
Whether or not you have the right to a board, you should treat any separation action as a serious threat to your career and start preparing your defense immediately. Waiting until your military defense counsel is assigned could mean valuable evidence and opportunities are lost.
The “Good Soldier Book”
One of the most effective tools I’ve seen in defending against separation is what we call the “good soldier book.” This is a comprehensive record of your service that highlights your professionalism, dedication, and contributions to the Army. Done well, it paints a picture of you as an asset worth retaining, not separating.
Your “good soldier book” should include:
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Award recommendations — even if they were never formally approved.
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Positive NCOERs or OERs.
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Certificates of appreciation or letters of commendation.
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Training certificates or qualifications.
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Photographs of you in action — at ceremonies, deployments, training events, community service, or any activity that reflects positively on your service.
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Statements from fellow Soldiers, leaders, or community members attesting to your character and performance.
I’ve seen Soldiers come in with boxes of paperwork, unsure what’s relevant. The truth is: if it reflects positively on your service, it’s relevant. Your counsel can decide what to use strategically.
Why Early Preparation Matters
Administrative separations can move quickly. Commands often have their narrative prepared long before the Soldier even knows what’s coming. If you wait until your counsel is assigned and the packet is fully assembled against you, you’re already behind.
By starting early, you give yourself — and your counsel — the opportunity to:
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Gather and organize documentation before it gets lost or forgotten.
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Identify witnesses willing to speak on your behalf.
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Push back against inaccurate or incomplete statements.
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Build a clear, compelling story about your value to the Army.
Helping Soldiers Beyond the D.C. National Guard
For D.C. National Guard Soldiers, representing you in these matters is part of my duty. I don’t take payment, and I work as part of the Trial Defense Service to protect your rights and your career. For those in other commands or states, I can’t take your case — but I will help however I can. That might mean explaining your rights, offering strategic advice on building your “good soldier book,” or connecting you with legal resources and pro bono networks.
My motivation is simple: I’ve spent my career fighting for Soldiers who have been wronged or who feel powerless against the system. No one should face separation without understanding the process, their rights, and the tools they can use to defend themselves.
About the Author: Nick Harrison is a DC-licensed attorney, U.S. Army Judge Advocate, and long-time advocate for servicemembers’ rights. As a defense counsel for the DC National Guard, he represents Soldiers without compensation and fights to ensure they receive fair treatment, due process, and the opportunity to continue serving. Nick also advises nonprofits and individuals who work to strengthen their communities.
