Should I Hire a Civilian Attorney for a Board of Inquiry?

If you are an officer facing a Board of Inquiry (BOI), your career is on the line. The military will assign you a JAG at no cost, but that does not mean you should rely solely on the system to protect your commission, your benefits, and your future.

A BOI is the officer equivalent of an administrative separation board. In many BOI processes, a retention vote can end the case and allow the officer to move forward—unlike many enlisted boards where “retention” may be only a recommendation. That makes preparation and presentation absolutely critical.

When You Should Talk to a Civilian BOI Lawyer

The right time to consult a civilian military defense attorney is the first sign your career may be in trouble—not the week before the hearing.

• You’re told you may receive a “show cause” / BOI notice
• You’re under investigation (IG, command investigation, law enforcement, medical review, etc.)
• You received adverse paperwork (LOR/LOA, FITREP/OER referral, adverse findings)
• You’re facing allegations involving integrity, fraternization, hazing, DUI, drugs, violence, sexual misconduct, or “conduct unbecoming”
• Your command is building an administrative record designed to support separation

The Biggest Advantage: Starting Your Defense Early

In many cases, BOIs are won or lost before the members ever hear evidence. Early intervention lets us:

• Identify the real theory of separation and the weak links in the government’s case
• Gather favorable witnesses and documents while memories are fresh
• Prepare you to testify (or make the strategic decision not to)
• Build mitigation and rehabilitation evidence that actually matters to a board
• Shape the narrative before the command “locks in” its position

Why Some Officers Hire Civilian Counsel Even If They Have a JAG

Military defense counsel can be excellent. But officer separation cases often require a level of continuity, availability, and specialized board experience that many officers want in addition to (not instead of) their JAG.

• Continuity: BOI timelines can stretch months. JAGs PCS, rotate billets, go on leave, and inherit caseloads. Civilian counsel stays with you cradle-to-grave.
• Preparation bandwidth: We can dedicate time to witness development, record-building, and case theme—beyond just appearing at the hearing.
• Independence: Civilian counsel is outside the command structure. You hire us to fight for one objective: retention.
• High-stakes focus: Your commission, retirement trajectory, benefits, security clearance implications, and post-service career opportunities can all be affected.

When I May Tell an Officer Not to Spend the Money

There is one situation where hiring civilian counsel may not change the outcome: when the evidence is truly overwhelming and there is no viable mitigation or rehabilitation case.

But most BOI matters are not that simple. Many cases turn on credibility, context, command overreach, incomplete investigations, or explainable circumstances—and those are exactly the cases where strategy and preparation matter.

What We Do in a BOI Case

• Case strategy and “retention theme” development
• Evidence review and gap analysis
• Witness identification, preparation, and examination plans
• Board packet and rebuttal development
• Direct examination prep and cross-examination planning
• Mitigation and rehabilitation evidence presentation
• Closing argument focused on retention and future service value

Board of Inquiry FAQs

Will the military provide me a lawyer for a BOI?

Yes. Officers are typically assigned military defense counsel at no cost. Many officers still consult or retain civilian counsel for additional experience, continuity, and preparation capacity.

Do I have to wait until I receive a formal BOI notice?

No. Early consultation is often the difference-maker. Waiting can allow the command record to harden against you and can reduce the time available to build your defense.

Is a BOI the same as an enlisted administrative separation board?

They are similar in format but different in stakes and legal posture. A BOI is an officer separation process. The outcomes can affect your commission, future service, and long-term opportunities.

Do you represent officers outside Jacksonville?

Yes. We represent officers nationwide, across branches, and can often begin working immediately once retained.

Attorney Advertising / Disclaimer: This content is for general information only and is not legal advice. No outcome is guaranteed. For advice about your case, schedule a consultation.