Midshipman Discharge Board

A Midshipman Discharge Board, governed by USAINST 1610.6A, is a procedure used by the United States Naval Academy to attempt to Discharge a Midshipman for misconduct.  Attorney Barry, an experienced Military Lawyer, explains the process here.

A Midshipman Discharge Board (MDB) is a fact-finding body composed of not less than three Navy or Marine Corps Officers.  The Board will also have a recorder (Prosecutor) and legal advisor (Judge). Prior to an MDB (at least 15 days), the Midshipman must be notified of the date, time, and location of the board.

A respondent (the accused) of a Midshipman Discharge Board has the following rights:

• the right to request an additional 15 days to prepare;
• the right to be represented by a lawyer, which could be a JAG or a Civilian Counsel;
• the right to remain silent;
• the right to review all evidence relevant to the case;
• the right to have notice of all witnesses that will be called at the Board;
• the right to challenge any board member for cause;
• the right to request and call witnesses;
• the right to present relevant documentary evidence;
• the right to question all witnesses;
• the right to give sworn or unsworn testimony;
• the right to make argument (oral or in writing);
• the right to receive a complete copy of the board report;
• the right to submit a rebuttal to the board's report; and,
• the right to appear, with or without counsel, before the board

Essentially, a Midshipman Discharge Board runs like a mini trial.  Both parties can make opening statements, present witnesses, cross-examine the other party's witnesses, present other relevant evidence (i.e. statements, text messages, videos, photos, emails, character evidence), and make closing arguments.  An example Board Script is available for download at this link.

The MDB, by majority vote, will make the following decisions:

• whether the misconduct occurred;
• if any conduct is substantiated, whether separation from the Naval Academy is warranted; and,
• if separation is warranted, what characterization of service is recommended (honorable, general under honorable conditions, other than honorable)

If the Midshipman Discharge Board recommends disenrollment, the Superintendent can disagree and direct retention; however, if he/she agrees, the Superintendent may recommend that the Assistant Secretary of the Navy (for Manpower and Reserve Affairs) be disenrolled. In these situations, the Midshipman in question will have five business days to submit matters to accompany the Superintendent's recommendation.

If the Midshipman Discharge Board substantiates the misconduct, but recommends retention, the Superintendent has the same options available to him/her.

If the Midshipman Discharge Board does not substantiate the misconduct, the Superintendent must direct retention.

Any Midshipman suspected of misconduct should immediately consult an experienced Military Defense Lawyer. During any investigation, important decisions need to be made, such as whether to make a statement or not and whether to provide any additional evidence during the investigation. During a Midshipman Discharge Board, representation by an experienced Military Lawyer is vital to success. Furthermore, after the Board, a lawyer can draft all rebuttals and appeals.  While a JAG should be available to assist, they are often over-worked, inexperienced, and either unwilling or unable to provide a Midshipman with the time and attention needed.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience with Cadet Misconduct, Boards, and Disenrollments.

Contact him today for a free consultation