Adequate, but Not Ideal: The U.S. Navy’s Need to Refine Its Administrative Separation Board Procedures

Abstract

While the Navy is likely not mandated by the Constitution to edit its procedures for Administrative Separation Boards, it should do so. Service members can be subject to a variety of serious consequences through Administrative Separation Boards, so the processes should be as effective as possible to ensure that they are adequately protected. To improve the Administrative Separation Board Procedures for the United States Navy, this Comment suggests two policy changes. First, this Comment suggests that the Navy provide more training to Senior Members to ensure they are implementing the existing evidence rule correctly. Second, this Comment suggests that the Navy should add a version of the personal knowledge rule and lay witness opinion rule to the Administrative Separation proceedings. This Comment argues that these suggestions would benefit the Navy even though the Navy is not likely constitutionally mandated to make the changes.