Military Officer Separation Boards
What Is A Board Of Inquiry?
Boards of Inquiry are the statutory method used by which the military services separate or “eliminate” an officer from military service. The Board of Inquiry could result in your military discharge or military separation.
The process differs slightly in each service but essentially begins with a report of misconduct or substandard performance. The officer is notified, or ordered to “show cause” for retention, and a local commander convenes a Board of three officer, all senior to the officer notified. The Board then convenes a hearing at which the service is represented by a government attorney who will present evidence as to why the officer should be separated. If you are ordered to “show cause,” you have a right to be represented by an active duty military attorney free of charge at this hearing. You also have a right to hire experienced military lawyer to represent you.
Click here for information to help you decide if you should hire an experienced military attorney.
What Do Boards Of Inquiry Do?
During the hearing, the board must answer three questions. First, does the preponderance (e.g., 51 percent) of the evidence support the reason for separation? If so, does that reason merit separation from the military? If so, what type of discharge should you receive. If you’re eligible for retirement, the Board will likely be ordered to make a “retirement grade determination,” which is a recommendation as to whether you should be retired at a lower rank than the one you then held. Most of these decisions are simply recommendations to the Separation Authority (usually a General or Flag officer) or even to the Service Secretary.
THESE HEARINGS ARE REAL CHANCES TO CONVINCE THE BOARD THAT YOU SHOULD BE RETAINED IN THE SERVICE AND SHOULD NOT BE DOWNPLAYED OR WAIVED WITHOUT CONSULTING AN EXPERIENCED MILITARY ATTORNEY!
Should I Hire An Experienced Military Lawyer To Help Me At A Board Of Inquiry?
The BOI process can have dramatic impacts on your career and your future as a civilian. For this reason, we encourage you to obtain experienced counsel to assist you BEFORE you make any decisions. After participation in hundreds of BOIs over two decades as an active duty attorney, either as the government attorney, the officer’s defense attorney, and as the Separation Authority’s attorney, Don will explain that EXPERIENCE MATTERS! As an active duty O-6 JAG, Don sat on the working group that created and recommended the Navy’s latest BOI procedures. He knows what the Separation Authorities care about, what the Board members care about, and how to persuade them all.
“My top Captain across all designators and commands. Best JAG I have ever known!” Navy Rear Admiral, 2019
And you need experienced counsel NOW! Click here to read about why it is so important to get counsel as soon as you can.
At King Military Law, we know what’s on the line. We understand the importance of thorough, meticulous preparation and we’ve mastered the art of winning. Please give us a call if you think we can help.
King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most
Google Reviews
Mr. King is very knowledgeable in military law. He was able to help me and made sure to explain everything in the most simple terms so that I can ensure I was in good hands. He is quick to help you address the issues you are going through and help you find solutions.
Don King and his practice, "King Military Law," have been an absolute game-changer in my life. From the moment I spoke to Don for a free consultation over a year ago, I knew I was making the right choice. The journey that followed has been nothing short of extraordinary.I had the opportunity to consult with several military lawyers, but it was Don's unwavering commitment and his word that won me over. He assured me he would stand by my side, and that promise has been upheld most remarkably. Don, along with his exceptional paralegals, Angela and Katesha, embarked on a tireless journey to fight for my rights and my future.The most significant battle they helped me win was against an administrative separation board. The dedication and diligence they put into my case were unparalleled. They left no stone unturned, meticulously examining every detail and aspect of my situation. Their level of commitment to my case was nothing short of inspiring.What truly sets Don King and his team apart is their exceptional communication. They consistently went above and beyond, ensuring I was informed at every stage. Their accessibility and willingness to answer any questions I had, no matter the time or day, gave me peace of mind during what could have been an extremely stressful period for my family and me.Don and his team didn't just treat my case as another file; they treated it as a number one priority. Their genuine care and concern for my well-being and the well-being of my witnesses were evident throughout our time together. They provided support and advocacy that goes above and beyond the call of duty.In conclusion, I couldn't be more thrilled with my experience with King Military Law. Don King and his exceptional team have met and exceeded my expectations in every way. If you need military legal representation, I wholeheartedly recommend Don King and his practice. They are not just legal professionals; they are compassionate allies who will fight relentlessly to ensure that justice prevails. Thank you, Don King and King Military Law, for giving me a second chance and being the unwavering support I needed during a challenging time. You are nothing short of amazing.
I am a Chief Petty Officer; I have served for our world’s finest Navy for 13 years. Unfortunately, I had a potential career ending legal event that threatened me with an administrative separation board. After calling numerous lawyers in San Diego, I called Mr. Don King and his legal team. Let me tell you, it was one of the best decisions that I have ever made. After speaking with Mr. King, I immediately felt that I had the best legal representation that I could possibly find. I WAS RIGHT! Don is the most honest, hard-working, and compassionate lawyer you are going to find! His team fought for me like I was their son. His team is super responsive and always helpful. They were very knowledgeable and were able to answer all my questions regarding the process. Don’s paralegal Angela would always ensure all required documentation was in order and received in a timely manner. She would even talk to me when I was feeling down and ensured I was making the right decisions on my part. Don fought at my board like it was the last day on earth. This is the best legal team in San Diego. If you choose only one lawyer, choose Mr. Don King and his legal team. YOU WILL NOT REGRET IT! Thank you, King family! My wife and I will never forget what you did to help us win this battle.
Had a conversation today with Mr king about a military court case 2000 miles away and spoke with over 20 other attorneys and not 5 of them combined gave me the amount of advice that he did himself! Very well educated in his field with a wealth of knowledge. I have multiple high end attorneys on retainer here in my state so I’m not foreign to well experienced attorneys and this man was what I am familiar with when it comes to well experienced. Sad that I had to swim thru a pool of uneducated attorneys whom claimed to be the best in their field only to find out that they had no clue to what seemed to myself and my legal/political friends to be a somewhat simple question for someone claiming to be a pro! This man is the real deal! This is not a paid or fake comment and I have never met this person who is very far from here and he helped me as if I was standing in front of him! Even as he was walking his dog he took his own time to get back to me. If you’re looking for a legit attorney then you’ve found him! I’d give more stars if possible. I’ll be telling my friends on the west coast in the area about you. Thank you for your time sir!
Mr King recently defended my daughter for misconduct. His defense ended with a unanimous board decision clearing my daughter of that charge. Mr King was tenacious and unrelenting in her case. His staff are true professionals and highly skilled and experienced in preparing the cases. If you or someone you know needs a lawyer who will fight for you Mr King is the one you want in your corner.
My journey with King Military Law began when my Navy Reserve Center falsely accused me of committing a crime but failed to notify me until nearly a year had passed after said crime. I was literally looking at losing everything I had ever worked towards the 16 years I had spent in the military to include a burgeoning career in the healthcare sector, my security clearance, my G.I Bill benefits, ect. If you think that situation can’t get any more stressful, try searching for legal counsel who will treat your case with the utmost importance instead of just a money grab. Thankfully, I found King Military Law quickly and was sold from the many 5-star reviews to Don’s impressive resume, and Kasheta’s prompt response to my initial query.During the consultation, Don did not shy away even after I explained the details of my rather complex case. In fact, he seemed to relish in the challenge of it all. Once retained, he and the rest of his legal team immediately began working various angles of my case and even provided further support by helping me navigate through several legal forms provided by my command to ensure that none of my rights were signed away.As it is the Navy Reserve, I had to wait several months for my Administrative Separation Board to convene; however, Don and his legal team always answered any questions that I had or dealt with any situations that arose in a timely manner and kept me in the loop as new details emerged.To say I was beyond stressed out the weekend of my Administrative Separation Board is an understatement, Angela’s positive demeanor and Don’s encouraging words were greatly appreciated. Don is a talented legal force and well versed in proceedings, his eloquence and extensive knowledge of military law is clear. However, what stuck out to me the most is the moment when the opposing counsel launched a particularly catty and rather unwarranted personal attack on my character. Don immediately but gracefully rebuffed his attack, providing a compelling and moving argument in which he showered me with praise and related similar experiences he had in the navy to my case in order to appeal to board members on my behalf.Thanks to King Military Law, I was able to win my case and can finally relax for the first time in nearly a year. I can’t thank the exceptional legal team (Don, Kasheta, Angela, and Ashley) enough for their tireless efforts, they’re absolute consummate professionals who truly care about their clients and will always go that extra mile for them. I HIGHLY recommend King Military Law to any service members in need and seeking out legal counsel.
Mr. King & his associates (Ms. Kasheta) were very responsive and caring to me and my son's case. They explained in terms I could understand, they were timely, and they were caring. My son had serious charges against him and I am hundreds of miles away on the East coast and very scared. He was able to be there to see my son and let him know he had someone on his side. I know we pay for attorneys but you want to feel comfortable with your choice. My son is coming home free & clear. You will be very satisfied with King Military Law when you just can't be there yourself. THANK YOU MR KING & STAFF. posting from : Alethia
King Military Law saved my best friend's life and career. The Navy likely illegally separated a close friend of mine with 14 years of service, at the time, as a Sailor. As was I, she was stuck overseas in Afghanistan in 2020 due to the travel ban Gen Miller initiated to prevent personnel from entering and leaving Theater. She wasn't able to fulfill her naval obligations due to the ban. She fought tooth and nail to come back into service and went through MEPs for a second time to continue serving. The Navy again tried to ADSEP the sailor for a separate reason, and that's when she hired King Military Law. If my friend was given her charges she would've lost her medical career, intelligence career, and at this point 16 years of active service. I was present for her ADSEP board and watched King Military Law in action. The process was extremely nerve-racking. The recorder wasn't pulling any punches about my friend's character they were trying to portray to the board. King Military Law's kindness, professionalism, and strategy saved her life. They helped her beat a case that typically the service member wouldn't win. I 10/10 recommend King Military Law. For the first time in 2 years, my friend is able to truly rest and breathe.
Don is absolutely amazing, I cannot thank him enough for how much he helped me out with my case. He knows the Navy legal system inside out and has a ton of experience. If it weren’t for him I would have never been reinstated. My chain of command literally tried to rail road me, twist my story, and even tried to tell me that it was illegal to get legal representation, but Don worked with me every step of the way. Before contacting Don I spoke with other lawyers and they did not care at all, and didn’t even listen to me and my case. The JAG even blew me off and told me that I was going to loose, didn’t even want to help me out, but Don did it, and got my rank back. I’m so incredibly grateful that he had my back. Don is the way to go for anything legal dealing with the Navy, hese #1 in my books.
Where do I begin? This will be a bit lengthy as I want to share my experience King Military Law. There aren’t enough words to express how grateful, blessed, and completely honored we are to have had Don King and his team representing my Marine. A few months ago, my son found himself in a very difficult, very scary and extremely stressful situation. A parents worst nightmare. My son was being FALSLEY accused of of a very serious crime. My son had no chance to speak his truth, and was immediately guilty in the eyes of command with absolutely no chance for a positive outcome. This was extremely heart wrenching to a mother who 100% knows without a doubt that her son is innocent, it completely broke me and tore me apart. There was nothing I could do. Once Don heard my sons case he immediately took action. Don ensured that my sons rights were protected. Don protected my Marine when I could not. Don made sure that my son would not get screwed out of what he was entitled to, since my son was a few months from completing his enlistment.Don fought for my boy, presented facts and had these serious charges dismissed against my son, all without having to go to court martial. Don believed in my son from day one and relentlessly fought for him.Don is caring and compassionate and genuinely cares. While going through this stressful situation, Don made sure to reach out to my Marine a few times a week to check in with my son to make sure he was mentally and emotionally doing well. Don kept us updated throughout the process and we always knew what to expect. In the end my son was separated under honorable conditions and is now home. All which never would’ve happened without Don. Don saved my sons career and ensured that my son could have a successful and bright future in the civilian world.I promise that you will not find another Military Attorney with the experience and knowledge that Don has, just take a look at his resume. Don is a warrior who will run circles around anyone. Thank you so much Don and Kasheta for everything! Forever thankful.
