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Saturday, August 12, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER RETAINED IN BOARD OF INQUIRY (BOI)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a field grade, military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in a litigated Board of Inquiry (BOI) hearing.  Because this case was administrative, we can only provide limited general information. 

Our field grade officer client had established a spotless professional reputation and was slated for future command.  But, he was served with notice to show cause for retention in the military based on the alleged sexual assault of a strange and troubled civilian.  A BOI in the military is a litigated board hearing for an officer that addresses involuntary administrative discharge.  In other words, it is a board hearing in which the board members determine if the officer will be kicked out of the military.  Depending on the service branch, a hearing like this is called BOI, show cause, adsep, and/or officer elimination.  If the officer is kicked out involuntarily at the board hearing, he will not receive his retirement and retired benefits.  In addition, in a case like this, the likely discharge characterization would have been Under Other Than Honorable Conditions.   So, the stakes are very high for the client.    

A BOI hearing is a litigated administrative hearing that is similar in procedure to a trial, with fewer evidentiary rules.  The burden of proof is preponderance of the evidence.  These hearings include voir dire and challenges of the members, opening statements, presentation of evidence, questioning of witnesses, closing arguments, and the retention decision by the board members. 

In this case, after presentation of both sides’ cases, including evidence that the complainant’s story made no sense and she had motives to fabricate, the board members concluded that the client did not commit the alleged misconduct – despite the government’s very low burden of proof.  The officer was, therefore, retained in the military service. 

While this administrative board hearing 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 administrative cases, see:

https://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

https://militaryadvocate.com/practice-areas/medical-de-credentialing/

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.

https://militaryadvocate.com/

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.


Saturday, July 22, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER AND PILOT REPRESENTED BY ATTORNEY RICHARD V. STEVENS PREVAILS AT FLYING EVALUATION BOARD (F.E.B.)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, another military officer and pilot defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) prevailed in a litigated Flying Evaluation Board (F.E.B.) hearing. 

An F.E.B. hearing is a formal military administrative hearing before fellow pilots in which the Board makes recommendations about whether the accused pilot should remain in aviation service, in what aircraft, and whether that pilot can continue to wear his/her wings.  Based on that recommendation, the pilot could continue his military flying career, or he/she could face the loss of his/her flying career, his/her military career, and be involuntarily administratively discharged.

In this F.E.B. case, the defense called multiple witnesses and presented considerable evidence not only in support of the pilot, but addressing the unique circumstances of his situation.  After closing arguments, the F.E.B. members delivered a unanimous recommendation in favor of the pilot continuing in military aviation service.  Because an F.E.B. is a closed administrative hearing, specific details cannot be provided. 

An F.E.B. is one of the unique military aviation boards that attorney Richard V. Stevens has extensive experience with.  This includes Flying Evaluation Boards (F.E.B.), Field Naval Aviator Evaluation Boards (F.N.A.E.B.), Safety Investigation Boards (S.I.B.), Accident Investigation Boards (A.I.B.), and Command Directed Investigations (C.D.I. or AR 15-6). 

While this military aviation case, and the military pilot, were 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 cases involving aviation issues and Flying Evaluation Boards, see:

https://militaryadvocate.com/practice-areas/flying-evaluation-board/

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.

https://militaryadvocate.com/

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

Tuesday, July 04, 2023

Happy Independence Day!

 


Happy 4th of July to you and yours!  Before the cookout and fireworks, please take a moment to give thanks for the brave men and women of our military, and their families, whose courage and sacrifice ensure our continued freedom.  And, please recall the amazing story of how we won our independence, despite all odds!  Happy Birthday America!

Friday, June 23, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR MILITARY OFFICER RETAINED IN BOARD OF INQUIRY (BOI)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior, field grade, military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in a litigated Board of Inquiry (BOI) hearing.  Because this case was administrative, we can only provide limited general information. 

Our senior officer client was months away from applying for retirement, but was served with notice to show cause for retention in the military based on alleged substandard performance and not being fit for duty.  A BOI in the military is a litigated board hearing for an officer that addresses involuntary administrative discharge.  In other words, it is a board hearing in which the board members determine if the officer will be kicked out of the military.  Depending on the service branch, a hearing like this is called BOI, show cause, adsep, and/or officer elimination.  If the officer is kicked out involuntarily at the board hearing, he will not receive his retirement and retired benefits.  So, the stakes are very high for the client.    

A BOI hearing is a litigated administrative hearing that is similar in procedure to a trial, with fewer evidentiary rules.  The burden of proof is preponderance of the evidence.  These hearings include voir dire and challenges of the members, opening statements, presentation of evidence, questioning of witnesses, closing arguments, and the retention decision by the board members. 

In this case, after presentation of both sides’ cases, the board members concluded that the officer should be retained in the military service, which will allow him to retire. While this administrative board hearing 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 administrative cases, see:

https://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

We offer free consultations for a case you may be involved in.  Just call us.  Thank you.

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.

https://militaryadvocate.com/

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.