“The results speak for themselves – Thanks to Mr. Kageleiry’s advocacy I was exonerated of the allegations against me. Pete was well prepared and he did a great job convincing the board that I had not committed any misconduct.” – from a former client

What is a Military Board of Inquiry or a Show Cause Board? 

A separation proceeding involving an officer employs a Board of Inquiry. The Navy refers to a Board of Inquiry as a Show Cause board for Navy Officers. The military owes the officer due process.

The military must inform the officer of the reasons for the intended separation. Officers with six or more years of commissioned service have the right to present their defense at a Board of Inquiry.

During the board hearing, the officer can present evidence against the reasons for the separation action. The officer can also show proof of good military character, duty performance, and service to the nation. The officer should choose an experienced lawyer for the board of inquiry. This lawyer can help fight for the officer’s career.

Attorney Experience Matters for officers facing admin separation

The Board of Inquiry has three members. All of them are higher in rank than the respondent. The senior member is the board president.

Usually, the board members have many years of experience serving the nation. The board members are highly committed to making the correct decision.

An experienced board of inquiry lawyer knows how to communicate clearly with the board members. If the service member does not hire a skilled show cause lawyer, the board members may have more military experience. This could put the military counsel or the government lawyer arguing for discharge at a disadvantage.

An experienced lawyer can influence the outcome of the show cause board. Click here to see sample results for some of Mr. Kageleiry’s clients. These clients fought back against unfair administrative separation.

A client’s successful result at a Show Cause board

What is the the Board of Inquiry or Show Cause Board Process for Officers?

The separation action usually follows an adverse administrative action. This can be a formal reprimand or punishment under Article 15 of the Uniform Code of Military Justice. The military will direct the officer to “Show Cause” before a board of inquiry. During the BoI, the officer must justify why they should remain in the service.

The notice will list the reasons for separation and the type of military discharge the officer might receive. A past guilty finding at Captain’s Mast does not ensure a bad result at the separation board hearing. The board members will hear the evidence and arguments from both sides and make their own decisions.

The officer can have a military attorney at the separation board hearing. This hearing is informal, so the rules of evidence do not apply. However, the board must follow certain procedures.

The service member can call witnesses and show documents. The skill level of the attorneys for both sides can affect the hearing’s outcome. An experienced show cause lawyer can greatly impact the board’s outcome.

During the hearing, the board must answer several questions.

• First, does the evidence show that the officer committed misconduct?
• Second, if the officer did commit misconduct, should the board recommend separation from the military?
• Third, if the first two answers are yes, what type of discharge should the officer receive? If the officer can retire, the board may also recommend a retirement pay grade.

The answers to these questions will greatly affect the officer and their family.

Attorney Peter Kageleiry, Jr. will fight for your career and your future.

Contact The Law Office of Peter Kageleiry, Jr. Consultation

I serve service members world-wide. Reach out to my office at +‪(757) 504-2815 or via our easy-to-use online form to arrange a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.