Gonzalez & Waddington, Attorneys at Law defend Navy, Marine Corps, and Coast Guard officers in Boards of Inquiry (BOIs), administrative separation boards, appeals, and courts-martial worldwide. A BOI can end a decades-long career, strip retirement, and damage clearances. This guide gives you a step-by-step, trial-ready plan to prepare for a BOI and position yourself for retention or, at minimum, the most favorable characterization.

Why BOI Preparation Matters

• Retirement protection: An adverse BOI near 18–20 years can erase a lifetime pension.
• Characterization stakes: Honorable vs. General vs. OTH determines VA benefits and post-service options.
• Clearance risk: BOI outcomes are reviewed in security adjudications (Guideline E/J).
• First and best chance: Appeals exist, but the strongest opportunity to win is at the BOI itself.

Preparation Timeline & Checklist

1. Immediately: Retain counsel (military and/or civilian). Demand discovery of the full government file (investigations, exhibits, statements, admin record).
2. Day 1–3: Build a chronology (who/what/when/where/why). Identify the elements of each allegation and list what proof the government lacks.
3. Week 1: Identify witnesses (fact, character, experts). Issue requests for attendance or sworn statements. Draft your theory of defense (innocence, insufficiency, procedure, mitigation).
4. Week 2: Collect and tab exhibits (FITREPs/CHIEFEVALs, awards, duty logs, emails, medical), rehearse direct and cross, finalize your opening and closing.
5. 48–72 hours out: Confirm witness availability, paginate exhibit books, print clip quotes/transcript excerpts, and stage visuals (timelines/charts).

Your Rights at a BOI

• Representation by military counsel and the right to retain civilian counsel.
• The right to review evidence, call witnesses, and cross-examine government witnesses.
• The right to present exhibits and testify or remain silent (without adverse inference).
• The right to a fair panel and to challenge members for bias.

What Evidence to Gather

• Performance history: FITREPs/CHIEFEVALs, competitive rankings, command letters, warfare quals.
• Operational records: Logs, watch bills, maintenance/mission data, emails, taskers, after-action reports.
• Medical/behavioral health: PTSD/TBI/MST documentation or other conditions relevant to the allegations.
• Character endorsements: Specific letters from flag officers, COs, XOs, DHs, CMC/SEL addressing integrity, reliability, and mission value.
• Rehabilitation: PME completions, counseling/treatment, collateral duties, flawless post-incident performance.

Witness Strategy (Fact • Character • Expert)

• Fact witnesses: Eyewitnesses who contradict government claims or provide context (procedures, conditions, timelines).
• Character witnesses: Senior leaders who can attest to judgment, integrity, and retention value.
• Experts: Medical/forensic/digital experts to interpret tox screens, metadata, comms logs, or technical processes.
• Preparation: Focus each witness on 1–2 points. Rehearse direct; “cross-proof” for hostile questions.
• Order of proof: Start with a credibility anchor (senior leader) → fact/expert proof → finish with retention witness.

Opening • Cross • Closing Frameworks

Opening (2–4 minutes)

• Theme: one sentence that frames the case (e.g., “The evidence doesn’t meet the standard, and retention best serves the mission.”)
• Roadmap: what the board will see/hear (key exhibits, witnesses, contradictions).
• Relief: retention—or, alternatively, Honorable characterization.

Cross-Examination Plan

• List each government witness with 3–5 planned contradictions (prior statements, logs, time gaps, policy steps skipped).
• Use documents to impeach, not arguments. Clip quotes with page/line references.
• Box the witness in yes/no lanes; save argument for closing.

Closing (3–6 minutes)

• Re-state the standard (preponderance) and show where proof fails.
• Walk the board through the 3 dispositive exhibits and the 2 pivotal contradictions.
• Deliver the retention case (mission impact, quals, leadership) and the alternative relief ask (Honorable).

Mitigation, Retirement & Clearance Integration

• Retirement equity: Quantify lost capability and institutional knowledge if separated at 18–20 years.
• Characterization impact: Explain concrete effects of General/OTH on VA, GI Bill, and future service.
• Clearance mitigation: Address Guideline E/J explicitly—self-reporting, treatment, spotless service since incident.

Hearing-Day Logistics (Don’t Overlook These)

• Three printed exhibit sets (board, government, defense) + digital copy; tabs and page numbers match your citations.
• Witness arrival times, base access, and standby alternates; sworn statements for anyone who cannot attend.
• Technology check: projector/HDMI, audio, and printed timelines in case tech fails.
• One-page “board map” handout: issues list, key exhibit numbers, and requested relief.

Common BOI Prep Mistakes to Avoid

• Relying on reputation instead of documents and witnesses.
• Letting government define the story—no defense theme or timeline.
• Dumping paper: lots of exhibits without a narrative or references.
• Skipping expert input on technical/medical disputes.
• Ignoring characterization and retirement arguments until the end.

BOI Preparation Checklist (Quick Reference)

• ✔ Discovery received/reviewed; elements grid completed.
• ✔ Defense theme & timeline drafted.
• ✔ Fact, character, and expert witnesses secured; statements obtained as backup.
• ✔ Exhibit book (Tabs A–G) indexed and paginated; clip quotes printed.
• ✔ Opening, cross outlines, and closing drafted and rehearsed.
• ✔ Retirement, characterization, and clearance mitigation arguments ready.

Video: Preparing for a Board of Inquiry (BOI)

Get a BOI-Ready Defense Package

We treat BOIs like trials—tight themes, proof-driven exhibits, expert testimony, and retention-first advocacy. Don’t stake your career on a last-minute file dump.

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

FAQs: Preparing for a BOI