Military Board of Inquiry Defense
Military Board of Inquiry – Administrative Separation – Officer Performance & Misconduct Inquiries
A Military Board of Inquiry (BOI) is made up of officers who must be senior in grade to the officer who is the subject of the BOI. Board of Inquiry is an administrative process reserved for officers when looking into alleged of sub-standard performance or misconduct. If allegations are substantiated, then this Board of Inquiry can go further and make a determination of whether or not the the circumstances justify the officer’s’ separation from the service. A Board of Inquiry will consist of senior officers.
Sometimes a Board of Inquiry will be convened after an incident occurs that damages the reputation of the officer or the military such as a friendly-fire incident, an aircraft crash, etc. Other times a Board of Inquiry is ordered following a prior proceeding, such as a Non Judicial Punishment or Court Martial.
Who Participates in a Board of Inquiry?
A Board of Inquiry (BOI) is made up of officers who must be senior in grade to the officer who is the subject of the BOI. Because a Board of Inquiry hearing is an adversarial process, each side is permitted to present evidence as in a General Court Martial trial setting. An experienced military attorney, called a “recorder” represents the government. The subject of the Board of Inquiry is called the “respondent,” and that officer has the right to assemble a defense team of his or her choosing including a military defense attorney and a civilian defense attorney (at their own expense), to review the evidence against them, put on a defense, and to present evidence for the officer’s future valued military service.
Board of Inquiry – Board Member’s Duties
The Board will then vote as to whether the allegations of substandard performance or misconduct are substantiated and makes their final recommendation(s) to the commander who is empowered to make the final decision whether the officer should be separated and the chosen particulars of discharge.
If the officer slated for separation is not yet eligible for retirement, this might mean a discharge from the military with an “Other Than Honorable” (OTH) discharge. In the instance where an officer is eligible for retirement, the board/commander could recommend retirement at the rank where the individual last honorably served.
Hire a Civilian Military Defense Attorney for a Board of Inquiry.
When you are notified that you are under investigation or subject of a Board of Inquiry for sub-standard performance or misdeed, it is imperative that you have a skilled and experienced military defense attorney helping build your defense case and who can advocate on your behalf. Military Law Center has extensive experience with Boards of Inquiry at the highest levels, having overseen entire JAG units, personal legal counsel to several Generals, and a Former Federal prosecutor with the U.S. Attorney’s Office. When an officer’s career is on the line, he or she should secure the a heavy-hitter to join the defense team for the best possible outcome of their Board of Inquiry case.
Under investigation or subject of a Board of Inquiry?
Make sure that you get the right help from a Civilian Military Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center Is Ready to Help You – Right Now. Military Law Center will aggressively advise and defend you – Know Your Military Legal Rights.