Military Officers in the Navy, Marine Corps, Air Force, Army, and Coast Guard will be provided a military JAG lawyer, free of charge, to represent him or her at a a Board of Inquiry (BOI).  A BOI is similar to an enlisted administrative separation board, with one key difference: a members vote for retention closes the matter, and the officer moves forward in his or her career. In an enlisted administrative separation board, a vote for retention is merely a recommendation that can be overruled by senior officers.

 

For a BOI, if provided a lawyer by the military, should the officer hire a civilian military lawyer?

 

The officer should at least consult with a civilian military lawyer at the first sign that his or her career may be in trouble. 

 

The only situation when I recommend an officer not hire a civilian military lawyer to represent him or her at a Board of Inquiry is where the evidence of misconduct is so overwhelming that the lawyer is going to make little difference in the outcome. Years ago I handled a case where a junior officer committed DUI manslaughter – it was highly publicized in the local media.  There was no evidence in mitigation or extenuation – the officer simply went out and got extremely drunk.  This officer was going to be separated with an other than honorable discharge even if he had the best lawyer in the world presenting his case.

 

A big advantage of hiring a civilian attorney is that preparation for victory at a BOI can begin prior to receiving notice to show cause.

 

It normally takes months, and sometimes years, for the officer separation process to run its course.  Military attorneys PCS, change billets, and take significant leave (it’s a benefit).  It is not uncommon for an officer to work with three or four JAG lawyers during the course of an officer misconduct case.  Civilian attorneys normally are available 24/7, handle the case from cradle to grave, and have, as a general rule, more experience that the JAG defense counsel.  The moment we are retained, we begin reviewing evidence, identifying witnesses, and working on a strategy to achieve victory.  Like most legal battles, BOIs are normally won or lost before the members begin hearing evidence.

 

Hiring a civilian lawyer may cost money up front, but it will likely pay dividends for the rest of your life.

 

Patrick Korody is a former Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. He has litigated BOIs for more than decade. He offers a free case evaluation.