Military Defense Lawyer (Former JAG Attorney)
News:
Recently, a company grade military officer
defended by attorney Richard V. Stevens (Military Defense Law Offices of
Richard V. Stevens, P.C.) was retained in the military after winning a
litigated board of inquiry (BOI) hearing - involuntary administrative discharge
board.
In the military, involuntary administrative
discharge board hearings are referred to as Boards of Inquiry (BOI), show cause
boards, officer elimination actions, adsep boards, administrative separation
actions, or administrative discharge boards.
Regardless of the label, this is an attempt by the military to kick the
member out of the military.
If an officer faces an involuntary
administrative separation/discharge, and is discharged, they not only lose
their military career, they often receive a negative discharge characterization
- either a General Discharge or an Under Other Than Honorable Conditions
Discharge. In addition, they lose their
future retirement and military benefits.
Unlike a military court-martial trial, in which
the government is required to prove their case beyond a reasonable doubt, the
burden of proof on the government in a BOI hearing is much lower; it is simply
a preponderance of the evidence.
Similar to a military court-martial, however, a
BOI hearing involves a litigated case, including opening statements, calling
and confronting witnesses, presenting evidence, making closing arguments, and
the Board Members deliberating and announcing their decision.
This particular case led to a litigated
involuntary administrative separation/discharge board hearing in which the
government alleged various acts of misconduct against the client over the
course of his career as a military officer.
After litigation of the case in the hearing, the three O-6 Board Panel Members
returned a decision that the officer client should be retained in the
military. Because of the nature of
administrative board hearings, which are closed, no further specifics about
this case can be discussed.
While this military case was successfully
defended, it is important to understand that every case has different facts,
and success in previous cases does not guarantee success in any particular
future case. No military lawyer or
civilian defense lawyer, including those who specialize in military law, can
guarantee the outcome of any military trial or case.
For more information about the military justice
system, particularly involuntary separation/discharge actions, please see:
We offer free consultations for a case you may
be involved in. Just call us.
Thank you.
By:
Attorney Richard V. Stevens
Civilian criminal defense lawyer and military
defense lawyer
Military Defense Law Offices of Richard V.
Stevens, P.C.
Blog postscript: I (attorney Richard V.
Stevens) am a former active duty military lawyer (JAG). My perspectives and
advice, therefore, are based upon my experience as military defense lawyer and
as a civilian criminal defense lawyer practicing exclusively in the area of
military law and military justice. This blog addresses issues in military law,
military justice, military discipline, military defense, court-martial
practice, the Uniform Code of Military Justice (UCMJ) and other military and/or
legal topics. Nothing posted in this blog should be substituted for legal
advice in any particular case. If you seek legal advice for a particular case,
please contact The Law Offices of Richard V. Stevens for a free consultation.
These military defense law offices are located in the Washington DC, Northern
Virginia, Maryland, National Capital Region (NCR), but the military defense
representation is worldwide – when necessary, the attorneys travel to wherever
the client is stationed around the world.
No comments:
Post a Comment