Conditional Waivers

October 7, 2019

A conditional waiver is a tool for a Servicemember to avoid an unfavorable discharge. If a Servicemember is eligible for a separation board, they are also eligible to submit a conditional waiver. Basically, it is a written offer from a Servicemember that he/she will waive their right to a separation board in exchange for a more favorable discharge (either an HON or a GEN). If this offer is approved, a Servicemember will be separated without a separation board and with the agreed upon discharge. This can be a win-win; the Servicemember gets a more favorable discharge and the Command does not have to expend the time and resources to convene a separation board. Sometimes, however, a Command will want to pursue an OTH/GEN Discharge and will therefore deny the conditional waiver. If this happens, a separation board must be convened.

If a Servicemember is interested in fighting for retention, they should not submit a conditional waiver. Often times, a Servicemember’s appointed attorney will pressure a Servicemember into submitting one because they do not want to put the time and effort into fighting for retention. However, sometimes submitting a conditional waiver is in a Servicemember’s best interest. Consultation with an experienced military attorney who understands the complexities of the separation process is crucial.

This article was written by military attorney Matthew Barry

The Law Office of Matthew Barry represents clients worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.