Board of Inquiry Defense Lawyer
Florida Based / Worldwide Representation
50+ years combined JAG experience
The Recorder (like a prosecutor) at the BOI will fight to separate the officer with the least favorable characterization possible - normally an other than honorable (OTH) discharge.
The Recorder will tell the BOI members this is simply an employment decision.
It's not. It's a career, veterans' benefits, retirement, and future employment opportunities.
You need a civilian military lawyer at your side if you are facing a board of inquiry (BOI).
A Board of Inquiry is an adversarial hearing based on a determination that the officer is required to show cause for retention in the military service. The reasons for the show cause vary, with the most common being misconduct and substandard performance. The following questions must be answered by the Board of Inquiry:
1) Does the evidence support the reasons for show cause, i.e. misconduct or substandard performance?
2) Does the evidence support separation or retention?
3) If the evidence supports separation, what characterization of service should be awarded?
4) If the officer is retirement eligible, what is the recommended retirement pay grade (also called a retirement grade determination (RGD) recommendation)?
A Board of Inquiry is composed of not less than 3 senior officers who make findings by majority vote.
The Board of Inquiry (BOI) is normally the culmination of a longer disciplinary or administrative adverse action such as non-judicial punishment or detachment or relief for cause. It is extremely important to fight ever disciplinary or administrative action because either the BOI can be avoided (no show cause) or they will establish the battfield for the BOI.
Board of Inquiry Process
- Officer's record flagged for possible adverse action. This normally means the officer will not be able to promote, transfer, or receive a bonus
- Investigation completed and disciplinary action, if any, executed.
- Package built and routed to show cause authority (SCA). Depending on the service, this may be the first flag in the chain of command or the human resources/personnell command.
- SCA makes determination on whether officer will be required to show cause.
- Officer notified of show cause using BOI or notification procedure and normally has 10 calendar days to make elections.
- If elected, BOI is held.
- If the officer is retained at BOI, the package (normally exhibits and findings worksheet only) will be reviewed for legal sufficiency and then member is notified of retention. Matters may or may not be placed in the officer's official record.
- If the officer is separated, a transcript (may be summarized or verbatim depending on case and service) will be made and served on the The officer may submit post-board written matters to the Secretary including allegations of error or additional information for consideration on the issues of separation, retirement, or retirement grade determination.
- The separation package and post-board written matters is forwarded to the Secretary for final determination (normally delegated to an Assistant Secretary).
- Member is notified of separation (with characterization of service and retirement grade, if eligible) or retention.
Worldwide BOI Defense
Korody Law has 50+ years military law experience and has handled successfully represented officers, including very senior officers, at BOIs. Any officer facing a BOI should hire an experienced civilian military defense counsel. Careers, retirement, and future employment opportunities are at stake.
We have represented Navy, Air Force, Marine Corps, Army, and National Guard officers facing a board of inquiry.
Why hire Korody Law for a Board of Inquiry?
We have handled hundreds of officer misconduct and substandard performance cases. We have been in the meetings with show cause authorities (SCA) reviewing cases and making determinations on whether the officer should face a BOI. We have been Recorders at BOIs. We have reviewed and commented on post-BOI submissions. We have represented hundreds of clients at BOIs and won BOIs that most would have lost for clients facing serious allegations of sexual assault, sexual harassment, drug use, alcohol related incidents, and theft. Korody Law is the most experienced law firm for officers facing a BOI.
Korody Law is based in Jacksonville, FL, near Naval Station Mayport, Naval Air Station Jacksonville, and Naval Submarine Base Kings Bay. We have represented officers around the world including at: Naval Station Norfolk, Camp Lejeune, Naval Base San Diego, Naval Submarine Base Groton, Naval Station Newport, Naval Air Station Pensacola, Naval Construction Battalion Center Gulfport, Fort Stewart, Fort Bragg, Joint Base Pearl Harbor- Hickam, Camp Pendleton, Naval Hospital Portsmouth, Naval Submarine Base Bangor, Naval Station Bremerton, Joint Base Fort Lewis-McCord, Joint Air Base New Orleans, Eglin Air Force Base, Washington Navy Yard, Marine Corps Base Quantico, Fort Belvoir, MacDill Air Force Base, Joint Base Elmendorf-Richardson, Patrick Air Force Base, Hurlburt Field, Keesler Air Force Base, Marine Corps Base Okinawa, and other installations around the world.