Officers accused of misconduct may find themselves defending allegations at a board of inquiry, show cause board, BOI, or elimination board – some allegations of which are wholly inaccurate and baseless. The military services take officer misconduct seriously. The process is also incredibly long and can alter the trajectory of an officer’s career.
If you find yourself facing a board of inquiry, it is in your best interest to get the advice from a qualified military attorney. Kevin Courtney has successfully represented and advised company and field grade officers facing serious allegations.
Just wanted to say thank you for all the support during all that stuff. I was able to end my tour with being number 1 on the FitRep, MSM and I was just selected for LtCol. Thought I’d send my thanks because without you it wouldn’t have been possible. –– Major, USMC
What is a Board of Inquiry?
A board of inquiry in the military is the equivalent to an employment hearing. The military is notifying the officer of alleged misconduct or substandard performance with an intent to separate them from the service. Then, the officer gets an opportunity to defend the case with the help of an attorney to demonstrate either (1) the misconduct did not occur or (2) although the misconduct may have occurred, the officer still has potential for future honorable military service.
Although the military invested hundreds of thousands of dollars into its officer, the military is also quick to turn its back and label the officer as the black sheep of the unit. Commanders take away the officer’s billet. The allegation alone tarnishes the officer’s reputation. It’s not fair.
Each military branch has a separate regulation defining how the board of inquiry will function. The most important point is the concept of due process. Every officer accused of misconduct has the right to a fair hearing that is free from bias. To protect the rights of the Respondent (the officer facing the BOI), a skilled attorney can help prepare, argue, and defend the officer’s case.
How do Officer Misconduct Boards work?
Officer Misconduct Boards consist of officers who must hold a senior rank compared to the officer who is the subject of the BOI. A BOI is an administrative process specifically designated for officers when investigating allegations of sub-standard performance or misconduct. Each branch has its own instructions found below:
- US Marine Corps and US Navy: SECNAVINST 1920.6D
- US Coast Guard: COMDTINST 1004.A
- US Army: AR 600-8-24
- US Air Force: DAFI 36-3211.
Contact an Officer Misconduct Attorney for Help
As an officer misconduct attorney, Kevin Courtney can help officers at a Board of Inquiry. With a career on the line, don’t go at this alone. Prepare early and always move forward. Call 760-385-3889 or schedule a call today!