When allegations of serious misconduct have arisen against an Air Force or Army officer, you may be the subject of investigation by a Board of Inquiry (BOI).1 This investigation is extensive and your entire record of conduct can be considered by the BOI when deciding whether to take punitive action against you. A Board can consider less-than-stellar performance and non-related conduct in addition to any facts available relating to the allegations against you.
BOI procedures carry serious potential consequences, including the following:
- Reduction in rank for retirement-eligible officers
- Other than Honorable characterization
- Discharge2
With so much at stake, you need to approach a BOI as seriously as if it were a court-martial.
You have rights at BOI hearings
Anyone who is the subject of a BOI investigation and hearing, you have certain rights as part of the military justice process. The following are some examples of important rights of which you should be aware and take full advantage:
- You can have a reasonable amount of time to prepare for your defense prior to a hearing. The specific amount of time will depend on the severity and complexity of the allegations in your case.
- You have the right to a defense attorney.
- You can review all records from the hearing. If certain records are classified, you have the right to at least a summary of the documents if permitted in light of national security.
- You can appear at the hearing, testify, have witnesses testify, cross-examine the government’s witnesses, and present evidence in your defense. You also have the right to remain silent .
- You have the right to resign, seek voluntary retirement, or discharge before the BOI final decision is entered.
Our experienced military criminal defense attorneys can help you
At the law office of Gagne, Scherer & Associates, LLC, we understand how serious and stressful Board of Inquiry proceedings can be. We are here to provide the highest quality of defense representation to ensure that your rights are protected and to combat wrongful allegations of serious misconduct. As former JAG members, we fully understand the complexities of the military justice process and the consequences that can result from not having an adequate defense. If you are facing a BOI investigation and hearing, your first call should be to discuss your case with one of our committed military criminal defense attorneys at 877-867-5247 today.
References:
1https://www.law.cornell.edu/uscode/text/10/1182
2https://en.wikipedia.org/wiki/Military_discharge