Gonzalez & Waddington, Attorneys at Law defend service members in Boards of Inquiry (BOI), administrative separation boards, appeals, and courts-martial worldwide. If you’ve lost a Board of Inquiry, you may still have options to challenge the decision and protect your career, retirement, and reputation.

This guide explains how to appeal a BOI decision, the review and upgrade processes available, and strategies for fighting back after an adverse outcome.

Why Appealing a BOI Decision Matters

• Retirement protection: Officers with over 18 years of service risk losing retirement if a BOI results in separation.
• Discharge consequences: A General or Other Than Honorable (OTH) discharge limits civilian job opportunities and federal employment.
• Future benefits: VA benefits, GI Bill, and medical care eligibility all depend on your discharge characterization.
• Record correction: Without appeal, the BOI’s findings remain in your service record permanently.

Appeal Options After a Board of Inquiry

1. Service-Level Review

After a BOI, the convening authority and service headquarters review the recommendation. Errors can be challenged during this process.

2. Discharge Review Board (DRB)

You may request a Discharge Review Board to upgrade your characterization of service if you separated within the last 15 years.

3. Board for Correction of Military Records (BCMR/BCNR/AFBCMR)

All services have a Board for Correction of Military Records. They can overturn BOI findings, upgrade discharges, and remove negative records.

4. Federal Court Review

In rare cases, BOI outcomes can be challenged in federal court, usually based on constitutional or due process violations.

Strategies for Appealing a BOI Decision

1. Identify Procedural Errors

If the BOI denied witnesses, admitted improper evidence, or showed command bias, these errors can form the basis of an appeal.

2. Submit New Evidence

Medical records, witness statements, or duty documentation that wasn’t available at the original BOI may strengthen your case on appeal.

3. Focus on Equitable Arguments

Even if some misconduct occurred, appeals can argue that separation was disproportionate given your career, performance, and rehabilitation efforts.

4. Preserve Your Record

Every appeal builds a paper trail for future review boards and possible federal court action. A strong, professional appeal improves your long-term chances.

Common Mistakes in Appealing BOI Decisions

Video: Appealing Board of Inquiry Decisions

Why Hire Gonzalez & Waddington for BOI Appeals?

Our firm has defended officers and senior enlisted across the Navy, Marine Corps, and Coast Guard in Boards of Inquiry, appeals, BCMR petitions, and courts-martial. We know the regulations, the review process, and how to build persuasive appeals that protect careers.

• ✅ Experience with high-stakes officer misconduct and performance cases
• ✅ Represented clients worldwide, from Norfolk to Okinawa
• ✅ Published authorities in military trial advocacy and administrative defense

Contact Gonzalez & Waddington at ucmjdefense.com or call 1-800-921-8607 for immediate help with your BOI appeal.

Frequently Asked Questions: Appealing BOI Decisions