How to Win Your Military Show Cause Board or Board of Inquiry: Expert Legal Strategies to Protect Your Career

How to Win Your Military Show Cause Board or Board of Inquiry: Expert Legal Strategies to Protect Your Career

Facing a military Show Cause Board or Board of Inquiry (BOI) can be a daunting and stressful experience. These hearings determine whether a service member should be separated from the military, often with serious consequences for their career, retirement, and benefits. In this comprehensive guide, military defense lawyer Michael Waddington shares crucial insights on how to navigate these boards effectively and improve your chances of a favorable outcome.

Understanding Military Show Cause Boards and Boards of Inquiry

A Show Cause Board or Board of Inquiry is convened when the military presents evidence against a service member, generally alleging misconduct, substandard performance, or other reasons for separation. Unlike other military proceedings, the burden shifts to the service member to “show cause”—meaning to provide compelling reasons why they should not be separated or receive a less-than-honorable discharge.

These boards are critical because their decisions can affect your military record, your future employment opportunities, your retirement benefits, and even your eligibility for VA benefits. Therefore, how you approach your defense can make all the difference.

Why Hiring a Civilian Military Defense Lawyer Matters

Michael Waddington, a former JAG officer and experienced military defense attorney, emphasizes the importance of hiring a civilian lawyer who specializes in military law for your Show Cause Board or BOI. Here’s why:

  • Objective and Strategic Defense: Civilian military lawyers bring a fresh and strategic perspective to your case, unencumbered by military chain-of-command pressures.
  • Expertise in Military Law: These attorneys understand the complexities of military regulations, policies, and legal precedents that govern separation boards.
  • Offensive Approach: Instead of simply defending, a skilled lawyer aggressively challenges the government’s evidence, exposing weaknesses and inconsistencies.
  • Preservation of Benefits: Effective legal representation can help avoid damaging discharges like Other Than Honorable (OTH) or Bad Conduct Discharges, which can jeopardize retirement and VA benefits.

Key Strategies to Win Your Show Cause Board or BOI

According to Michael Waddington, the defense strategy at these boards should be proactive and thorough:

1. Present Comprehensive Evidence

Take the burden seriously by gathering and presenting a wide array of evidence that supports your case. This includes witness statements, character references, performance evaluations, and any documentation that disputes the allegations.

2. Attack the Government’s Case

Don’t just defend passively. Identify and expose flaws, gaps, or inconsistencies in the government’s evidence. This approach can weaken their position and increase your chances of retention.

3. Demonstrate Your Value to the Military

Show why you are a valuable service member through evidence of good conduct, exemplary performance, leadership qualities, and contributions to the military mission. Highlighting your positive attributes can influence the board’s decision in your favor.

4. Understand the Long-Term Impact

Recognize that the outcome affects not just your current status but your entire future, including career opportunities and benefits. A negative discharge can have lasting financial and personal consequences.

Additional Insights: Protecting Your Military Career and Future

Show Cause Boards and Boards of Inquiry are high-stakes proceedings. The military legal system is complex and can be intimidating without the right support. Having an attorney who knows the military’s administrative separation process inside and out can help you navigate procedural nuances, prepare effectively, and advocate powerfully on your behalf.

Moreover, civilian military defense lawyers often work closely with experts and investigators to build a robust defense. This level of preparation can maximize your chances of staying in the military with an honorable discharge, thereby protecting your career trajectory and financial security.

Conclusion: Don’t Face Your Military Separation Hearing Alone

If you or a loved one is facing an Administrative Separation Board or Board of Inquiry, the stakes could not be higher. The difference between winning and losing often hinges on the quality of your legal representation. As Michael Waddington advises, taking the offensive with a skilled civilian military defense lawyer can safeguard your military career, protect your retirement, and preserve your benefits.

For anyone confronting these challenging proceedings, reaching out to experienced attorneys who specialize in military law is essential. Don’t go into your hearing unprepared — seek expert guidance to fight for your future.

Contact Information:
Michael Waddington and Alexandra Gonzalez-Waddington
González & Waddington, LLC
1792 Bell Tower Ln #218, Weston, FL 33326
Phone: 1-800-921-8607 | 954-284-1507
https://ucmjdefense.com

Learn more about your rights and how to defend your military career with expert legal counsel.

Full Transcription

My name is Michael Waddington, and I’m a military defense lawyer who represents military members that are being administratively separated and facing boards of inquiry. They also call these show cause boards. A show cause board means that they presented evidence, and now you, as an officer, have to show cause, meaning give them reasons why you should not be kicked out, why you should be retained, and why you shouldn’t get another than honorable. That means you have to present evidence. The burden kind of shifts there. So I’m a big believer in bringing in as much evidence and taking that burden on and presenting evidence as to why you didn’t commit it, going on the offense and attacking the government’s case, attacking their weaknesses, and then turning around and presenting a ton of evidence to show why you’re a good officer, a good soldier, sailor, airman, marine, coastie, whatever it is, to show why you didn’t do the offense and why you should be retained in the military. If you’re facing an administrative separation board, then call today to speak with one of our lawyers to discuss your case, your rights, and the best way forward to fight for your future and your career.

Facebook
LinkedIn
Reddit
X
WhatsApp
Print

Table of Contents

How to Win Your Military Show Cause Board or Board of Inquiry: Expert Legal Strategies to Protect Your Career

NEED MILITARY LAW HELP?

Fill out this form or call 1-800-921-8607 to request a consultation.

Recent Blogs

Site Navigation