If you are a Commissioned Officer who has gone through a formal investigation, such as an Army Regulation (AR) 15-6 investigation or a law enforcement investigation, or has had an adverse administrative action taken against you, such as a Letter of Reprimand or a Relief for Cause, you may eventually encounter a Board of Inquiry (BOI). A BOI is a critical military procedure during which a panel of three Commissioned Officers of higher rank or time in service than the Respondent Commissioned Officer (you) hears evidence and argument to determine whether you should be separated from the military.
Understanding the BOI process and your rights is crucial, as having proper representation can significantly impact the outcome. It can make the difference between you being allowed to remain in the military and receiving an Other Than Honorable Discharge and thus losing almost all military benefits, including a pension. Crisp and Associates provides dedicated legal support to protect your rights throughout this process.
Understanding Board of Inquiry
A Board of Inquiry is a formal military procedure designed to investigate and determine the facts surrounding specific allegations or incidents which the Government is using as the basis to separate the respondent Officer. At the beginning of the process, you will be notified of the exact allegations or incidents at issue. For example, if you have been accused of domestic violence, the Government may decide to convene a BOI to separate you and would notify you that the basis of separation is that domestic violence allegation. While a BOI is not a trial, it is litigated in a similar way to a trial. At Crisp and Associates, we prepare for the litigation of a BOI by interviewing witnesses, gathering evidence, preparing potential objections to Government evidence or witnesses, conducting voir dire of the Board members to discover any potential biases, and preparing for thorough direct and cross-examinations of any witnesses. The board, composed of senior officers or officials selected for their expertise and impartiality, conducts a thorough investigation free from conflicts of interest.
The findings of a BOI may consist of four (4) things. 1. Did the Respondent Officer commit the alleged act or misconduct? (2) If so, should the Respondent be separated? (3) If so, what should the character of service be? (4) Does the Board recommend the separation be suspended by the Convening Authority? If the Board finds that the Government has not proved by a preponderance of the evidence (a legal standard that means “more likely than not”) that the alleged misconduct occurred, then there will not be a separation. If the Board finds that the Officer committed the alleged misconduct but should be retained, then the Officer will be retained.
Why Choose Crisp and Associates, LLC?
At Crisp and Associates, we recognize military members’ unique challenges during a Board of Inquiry. We aim to provide exceptional legal representation to ensure your rights are protected, and your future is secure.
- Expertise in Military Law: Our team comprises experienced attorneys with extensive knowledge of military law. We have had success in BOIs and Enlisted Administrative separations in multiple branches of the Department of Defense.
- Military Background: Many of our attorneys are former military Officers, providing us with unique insights into Officer culture and the Board of Inquiry experience. This experience allows us to offer tailored legal support informed by firsthand knowledge of military procedures and culture.
- Worldwide Availability: We are able to appear at a Board of Inquiry at your duty station, anywhere around the world. When you work with us, you will never feel like you are too far to receive assistance or even just a phone call.
If you have any inquiries about Board of Inquiry, feel free to contact us today.
