How Boards of Inquiry Handle Sexual Harassment Allegations (For Officers)
Gonzalez & Waddington, Attorneys at Law represent military officers worldwide facing Boards of Inquiry (BOIs) after sexual harassment allegations. BOIs are high-stakes proceedings: they determine not just whether you remain in the service, but also the characterization of your discharge, which directly affects retirement, benefits, and post-military career prospects. This guide explains how BOIs work, why harassment allegations often trigger them, and how to mount an effective defense.
What Is a Board of Inquiry?
- Purpose: BOIs determine whether an officer should be retained or separated for misconduct, substandard performance, or other grounds.
- Composition: Usually three senior officers serve as the board members.
- Authority: BOIs are governed by service regulations (e.g., AR 15-6 for Army officers, SECNAVINST 1920.6 for Navy/Marine officers).
- Outcomes: Retention, separation with Honorable, General, or OTH discharge recommendations.
Why Sexual Harassment Allegations Trigger BOIs
- Zero tolerance policies: Commands are under pressure to remove officers accused of harassment, even if unproven.
- Loss of confidence: Harassment allegations undermine trust in leadership, triggering BOI referrals.
- Administrative vs. criminal: Even if harassment allegations do not result in UCMJ charges, they can still lead to BOI proceedings.
- Standard of proof: BOIs apply the preponderance of the evidence standard, not “beyond a reasonable doubt.”
The BOI Process Step by Step
- Notification: Officer is formally notified of BOI proceedings and the alleged basis for separation.
- Preparation: Officer has the right to legal counsel (military and civilian), review of evidence, and preparation of rebuttal materials.
- Hearing: The BOI hears testimony, reviews evidence, and allows cross-examination.
- Findings: The board determines (1) if misconduct occurred and (2) whether retention is warranted.
- Recommendations: BOI recommends retention, separation, and discharge characterization.
- Final action: The service Secretary or delegated authority makes the ultimate decision.
Risks for Officers at a BOI
- Career termination: Separation ends military service, often permanently.
- Retirement loss: Officers facing BOIs near 20 years risk losing their pension.
- Discharge characterization: A General or OTH discharge damages post-service employment and VA benefits.
- Reputation: A BOI finding of harassment carries a permanent stigma.
Defense Strategies for BOIs
- Challenge credibility: Attack contradictions and motives of accusers and witnesses.
- Context: Show mutual joking, workplace culture, or lack of intent to harass.
- Character defense: Use OERs, awards, and letters from senior leaders to prove professionalism.
- Expose bias: Demonstrate command climate or political pressure influencing the referral.
- Mitigation: If misconduct is found, argue for retention or an Honorable discharge.
Common Mistakes Officers Make at BOIs
- Assuming that because BOIs are “administrative,” they don’t need aggressive defense.
- Relying solely on military counsel without experienced civilian representation.
- Failing to call character witnesses or provide strong written evidence.
- Not rebutting investigative reports with independent analysis.
- Deleting emails, texts, or messages that could support the defense.
Defense Framework for BOIs
1. Evidence: Review and challenge EO, CDI, or investigation findings. 2. Witnesses: Present peers, subordinates, and superiors to support credibility. 3. Context: Argue that conduct was misunderstood or exaggerated. 4. Character: Present evaluations, awards, and service record. 5. Mitigation: If findings are sustained, push for Honorable discharge.
Video: Officer BOI Defense for Harassment Allegations
Protect Your Commission and Career
BOIs can end an officer’s career and destroy decades of service. We defend officers with aggressive cross-examination, character evidence, and detailed rebuttals to preserve their rank, benefits, and reputation.
Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607
FAQs: Officer BOIs and Harassment
Can I be forced out without a court-martial?
Yes. BOIs are administrative and can separate you even without criminal charges.
Do BOIs use the same proof standard as courts-martial?
No. BOIs use a lower standard—preponderance of the evidence.
Do I need a civilian lawyer at a BOI?
Yes. Civilian lawyers bring independence, resources, and specialized trial experience.
Can EO or CDI findings be used at a BOI?
Yes. Administrative investigations are routinely introduced as evidence at BOIs.
What’s the worst-case outcome?
An Other Than Honorable (OTH) discharge, which ends benefits and damages your post-service career.
