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 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 counsel 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

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Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
Ro JairamRo Jairam
15:29 12 Jul 22
Don is the guy you want in your corner. When you are up against the resources of the military and government in general, it can be overwhelming. The military JAGs who may eventually get to defend you do their best, but they are often overrun with cases and can only represent you after you’ve been officially been informed that you’re going to court-martial or administrative separation board.I won’t go into too many details about my specific situation, but Don’s vast experience as a prior judge and JAGC CAPT, his knowledge of the law and particular the UCMJ, and quite frankly, his connections to those in the military legal circles, may have saved my career.Do yourself a favor and call King Military Law for a free consultation. Especially if you think things are going to go sideways (like they did in my case), you should give serious consideration toward hiring an attorney.I’ll end with this since I’m being vague. My situation ended in an outcome that the JAGs were flabbergasted by. I had to make some financial sacrifices to hire this warrior but it was well worth it in the end. The resolution to my situation was fair and equitable, and that’s all I could hope for in the beginning.Thanks Don, and keep fighting the good fight.
Coleman ProffittColeman Proffitt
18:19 26 Jun 22
Don King is a man of integrity, professionalism, and work ethic. He worked tirelessly on my case and was always available for my questions. He made sure that I was well informed on the entire situation and all outcomes. I am thankful that I had Don King on my case, and I would give him the highest recommendation to anyone in need.
ShaunShaun
02:07 09 Apr 22
We only had a Brief conversation. But within those few minutes, He made me smile with relief. He gave me better advice then three lawyers a jag and legal on my ship. I got hit with article 112a, when my ship found a dab pen in my belongings. After his consultation, I feel like I can put my mine at ease. highly recommend 10 out of 10!!!!!!
Roberto AugustinRoberto Augustin
01:40 25 Feb 22
If you are facing any legal issues within your command, please do not hesitate to contact Mr. Don. He is one of the best military attorneys you could ever ask for. He is sincere and extremely knowledgeable about the military law. I was in the process of getting separated for a pattern of misconduct a few months before my EOS. I felt so hopeless and scared that I would lose all my benefits. I waited at the last minute to contact Mr. Don. God knows that was one of the best decisions I have ever made. He took his time to listen to my issues and told me right away that he could help me. After I provided him with all the information that was needed for my case, he and his team were able to write a very successful letter to my command admiral and allow me to get out with an honorable discharge. The only regret I have by choosing Attorney Don and his team is not contacting them much earlier than I did.Thanks again, Mr. Don. I greatly appreciate you and your team for helping me win my case.
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