Boards of Inquiry Counsel in North Carolina

Commissioned officers are involuntarily separated from the military after being directed to show cause at a Board of Inquiry. There are many bases that can require an officer to show cause.  Some of the common bases are:

  • Alcohol Related Incidents

  • Extra Marital Conduct / Adultery

  • Fraternization

  • Drug abuse

  • Driving Under the Influence (DUI)

  • Sexual Harassment

  • Sexual Misconduct

Generally, a Board of Inquiry is structured similar to a trial but is much shorter.  On average, a normal Board of Inquiry only lasts a day, whereas a court-martial can last weeks.  Similar to a court-martial, a Board of Inquiry is an adversarial proceeding. The Command and its representative have built a case against you and a board’s decisions about whether misconduct occurred is based upon a much lower standard than court-martial, which is by a preponderance of the evidence standard. 

Unlike a court-martial, the Military Rules of Evidence generally do not apply to these types of hearings and allows the Command to present evidence that normally would be excluded at a court-martial.  On top of that, before the hearing convenes your Command will have hand selected the three members of the unit to serve on your panel.  This panel will act as a jury and determine whether you are able to continue to serve in the military. 

While an administrative discharge from the military is non-punitive, it can have significant and detrimental collateral consequences on a person’s future.  If the board separates you and recommends certain characterizations of service it can prevent a military member from being employed in the future, receiving, or maintaining a security clearance, being eligible for Veterans’ Affairs Benefits and can leave a person with a negative stigma for the rest of their life.  Types of discharge a Board of Inquiry can recommend range from Honorable to General (Under Honorable Conditions), to Other Than Honorable (OTH).

 If you are under investigation or have received Notification of Show Cause or Board of Inquiry paperwork from the military, you need a seasoned military counsel to represent you. Mr. Thomas has advised, counseled, and represented thousands of service members through this process.  Mr. Thomas has earned a reputation for being aggressive and is respected across the country for his skillset in these boards.  Contact Mr. Thomas today and let him represent you so he can present the best case possible to your board.