Gonzalez & Waddington, Attorneys at Law defend officers and senior enlisted across the sea services in Boards of Inquiry (BOIs), administrative separation boards, appeals, record corrections (BCNR/BCMR), and courts-martial. If a BOI recommends separation or an adverse characterization, your career, clearance, and retirement may still be saved on appeal—if you act fast and file a precise, evidence-driven package.

Why Appealing a BOI Decision Matters

• Retirement protection: An adverse BOI outcome can end a 18–20+ year career days before vesting.
• Characterization stakes: Honorable vs. General vs. OTH controls GI Bill, VA, and civilian prospects.
• Clearance risk: BOI findings are reviewed in security adjudications (Guideline E/J).
• Future record: A successful appeal can remove or correct adverse findings used by promotion/detailing boards.

Deadlines & Routing (Act Immediately)

• Short windows: Appeals must be submitted quickly (often within 10–15 days of the BOI action memo/signature).
• Proper routing: Submit via your command to the designated appellate authority (e.g., TYCOM/Fleet/Service HQ/SECNAV depending on service policy).
• Stay professional: Use a legal-brief tone; number every enclosure; cite exhibits precisely.

Valid Grounds to Overturn or Mitigate a BOI

• Insufficient evidence: Findings not supported by a preponderance; key facts misconstrued or ignored.
• Procedural error: Denial of witnesses, discovery defects, improper admission of unreliable hearsay.
• Legal error: Misapplication of instructions/regulations; incorrect elements/standards.
• Bias or UCI indicators: Panel composition or command influence undermining fairness.
• Disproportionality: Separation/OTH out of line with offense, track record, and mitigation.
• New evidence: Material evidence not previously available that likely changes the outcome.

BOI Appeal Template (Copy, Edit, Attach Exhibits)

From:   [Rank First M. Last], [Designator/MOS], [Command]
To:     [Appellate Authority – e.g., SECNAV or Service HQ]
Via:    [Immediate Superior in Command]
Subj:   APPEAL OF BOARD OF INQUIRY FINDINGS AND RECOMMENDATION (DATE)

1. Introduction
   I respectfully appeal the BOI decision dated [DD Mon YYYY]. Relief is warranted
   because the decision is (1) unsupported by the evidence, (2) procedurally and/or
   legally defective, and (3) disproportionate given my record and mitigation.

2. Background & Service Record (Encls. 1–X)
   Summarize FITREPs/CHIEFEVALs, warfare quals, billets, deployments, awards.

3. Insufficiency of the Evidence (Encls. A–D)
   Identify specific findings; cite transcript pages/exhibits; show contradictions
   or lack of corroboration.

4. Procedural/Legal Error (Encls. E–G)
   Detail denied witnesses, improper exhibits, instruction misapplication; cite
   governing regs and case guidance.

5. Disproportionality & Equity (Encls. H–K)
   Compare similarly situated cases; explain mission/recruiting/retention impact of
   separation; highlight rehabilitation and post-incident performance.

6. New Material Evidence (If Applicable) (Encls. L–M)
   Explain why unavailable earlier; show decisive effect on findings/characterization.

7. Requested Relief
   a. Set aside adverse findings and retain me in service; or
   b. Mitigate to Honorable/General, remove adverse commentary from my record; and
   c. Direct expunction of references not supported by the evidence.

Very respectfully,
[Signature block]
Enclosures (indexed and tabbed)

What to Attach (Make the Record Unavoidable)

• Transcript excerpts: Pinpoint contradictions, admissions, or uncertainty by witnesses.
• Operational records: Duty logs, watchbills, maintenance data, after-action reports.
• Performance history: FITREPs/CHIEFEVALs, awards, warfare quals, command letters.
• Expert opinions: Medical/psych, forensics, digital evidence—where allegations hinge on technical proof.
• Comparators: Where permissible, show outcomes in similar cases to prove disparity (scrub PII).
• Post-BOI rehabilitation: PME, counseling, command collateral duties, flawless performance.

Appeal Strategies That Move Decision-Makers

• Lead with the cleanest error: Start with the most obvious reversible issue (e.g., excluded defense witness).
• Show harmless vs. prejudicial error: Explain precisely how the error changed the outcome.
• Offer remedy options: If full reversal is unlikely, request upgrade to Honorable or removal of specific adverse language.
• Frame readiness & equity: Quantify unit impact of losing a fully trained officer with proven performance.
• Anticipate clearance review: Include mitigation addressing judgment/reliability for Guideline E/J.

Common Mistakes that Sink BOI Appeals

• Missing the suspense or routing incorrectly.
• Submitting emotion without exhibits or citations.
• Asking only for “fairness” instead of identifying reversible error.
• Ignoring transcript citations; failing to tab/index the record.
• Not proposing specific alternate relief (e.g., upgrade, expunction).

If the BOI Appeal Is Denied: Your Next Plays

• BCNR/BCMR petition: Seek removal of findings/adverse entries, upgrade characterization, restore rank.
• DRB (within 15 years): Request discharge upgrade where appropriate.
• Federal court (rare): Consider only for due-process or constitutional defects after exhausting remedies.

Video: Appealing BOI Decisions (What Works)

We Build BOI Appeals that Win—or Mitigate

Our team prepares evidence-dense, regulation-anchored BOI appeals and follow-on petitions to BCNR/BCMR. Whether your goal is full reversal, upgrade to Honorable, or targeted expunction, we craft the path that best protects your career, clearance, and retirement.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: BOI Appeals