The Board of Inquiry Process: What to Expect at Your Show-Cause Hearing
If you have been ordered to show cause for retention, you are probably reading everything you can find and getting more anxious with each page. Take a breath. The board of inquiry process follows a defined sequence, and officers who understand that sequence make better decisions at every step. This guide walks...
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Administrative Separation Board Hearing: What to Expect and How to Prepare
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney If your command has started an involuntary separation against you, an administrative separation board hearing may be the most important few hours of your military career. It is your chance to stand before a panel...
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Failed a Military Drug Test? How to Fight Your Separation Board
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney If you failed a military drug test, it can feel like your career is already over. It is not. A positive result starts a process, but it does not end your career by itself. The...
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Board of Inquiry Appeal: What to Do If You Lose
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney A board of inquiry appeal is how an officer keeps fighting after losing the board. Strictly speaking, the military has no single “appeal” button for a board of inquiry. But you do have real post-board...
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Resignation in Lieu of Elimination: What Officers Should Know Before Signing
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney If you are facing an officer elimination, resignation in lieu of elimination can feel like the fastest way out. It is not always the safest one. Resigning waives your board of inquiry, and you can...
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Retirement in Lieu of Elimination: Protecting Your Pension at a Board of Inquiry
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney If your command has told you to show cause for retention, retirement in lieu of elimination may let you retire with a pension instead of nothing. It is a request, though, not a guarantee. Whether...
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How to Choose Character Witnesses for a Board of Inquiry
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney When an officer faces a show cause hearing, choosing the right Board of Inquiry character witnesses can decide whether a career survives. The temptation is to call the most senior person who will say yes....
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How to Write an Administrative Separation Board Rebuttal
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney Your administrative separation board rebuttal may be the most consequential document you ever submit. In most cases, you have only days to prepare it. When a command initiates separation proceedings, you receive a formal notification...
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