When a service member faces allegations under Boards of Inquiry (BOI) Defense (Officer Separation), the stakes include confinement, discharge, loss of benefits, and reputation damage. Military authorities pursue these cases aggressively because they impact good order and discipline. As seasoned civilian military defense lawyers, we know that a strong defense can mean the difference between a destroyed career and a restored future.
These cases often start with reports by co-workers, positive tests, financial audits, or complaints to commanders. Investigators seize phones, search records, and interview witnesses before the accused has a chance to respond. Understanding this process helps us identify early mistakes, biases, and missing context.
Depending on the offense or administrative action, consequences may include confinement, punitive or administrative discharge, reduction in rank, forfeiture of pay, loss of retirement eligibility, and mandatory registrations. Even when no jail time is imposed, a conviction or separation can severely limit future employment, education, and benefits. That is why a vigorous defense is essential.
Each case involves distinct legal elements that the government must prove. Knowing these elements helps tailor the defense.
Every UCMJ article or administrative regulation has specific conduct it prohibits. We carefully review the statute to determine if your actions meet the definition.
Most military crimes or administrative violations require proof that the accused acted knowingly, willfully, or wrongfully. We challenge assumptions about intent and highlight reasonable explanations.
The government often relies on laboratory tests, documents, witness testimony, or financial records. We scrutinize how evidence was collected, preserved, and interpreted.
Consent, mistake, authorization, duress, necessity, or lack of jurisdiction can all form legal defenses. We evaluate whether any statutory exceptions or defenses apply to your case.
Military law enforcement agencies investigate these cases. They collect evidence, interview witnesses, and present their findings to commanders and prosecutors. Understanding how these agencies operate allows us to identify procedural errors, biases, and gaps in the case.
Prosecutors and investigators may rely on stereotypes, training slides, or assumptions about guilt. They may stack charges or specifications to pressure a plea, or present expert witnesses who interpret every inconsistency as evidence of guilt. We expose these tactics and refocus the panel on the facts and law.
These cases may involve issues such as laboratory error, financial complexity, command politics, mental health, or family stress. We evaluate and address the unique factors in your situation, working with experts to counter government narratives.
Military justice proceedings are different from civilian courts. Rules of evidence, panel dynamics, command influence, and career stakes require specialized experience. Gonzalez & Waddington has tried cases worldwide and understands how to navigate the system to secure just outcomes.
Invoking your right to remain silent protects you from misinterpretation. Consult a lawyer who understands military law before speaking to investigators or command. Your words can be twisted; silence cannot.
Keep texts, emails, receipts, and notes. Do not delete digital data. Thorough documentation helps your lawyer reconstruct events and challenge allegations.
Do not discuss your case with co-workers, friends, or social media. Casual comments can be reported and used against you. Let your defense team handle all communications.
Facing allegations or administrative actions can sideline your career even before a final decision. Commands may suspend duties, revoke clearances, or assign administrative tasks. Evaluations may stall and promotion opportunities vanish. These pretrial or pre-board consequences feel like punishment before guilt is proven. We guide clients on maintaining professionalism, documenting retaliation, and preparing for potential board or court proceedings to protect both their legal position and their long-term career.
Evidence in military cases comes from digital devices, financial records, witness statements, and laboratory tests. It can also include training materials or command policies. We help clients understand what evidence exists, how it was collected, and whether it is reliable. By obtaining discovery, filing motions, and engaging experts, we ensure that faulty evidence is exposed and that exculpatory information is presented to the decision-makers.
Many commanders offer Article 15 or nonjudicial punishment as an alternative to court-martial. Accepting NJP may seem less severe, but it still carries consequences and may waive your right to trial. We advise clients on the pros and cons of NJP versus demanding trial. Depending on the evidence and stakes, it may be better to fight the allegations before a panel than accept punishment administratively.
A conviction, even for a lesser offense, can affect security clearances, professional licensing, and future employment. Administrative separations with general or other-than-honorable characterizations may limit VA benefits and reenlistment opportunities. We counsel clients on these collateral issues and pursue strategies to avoid or mitigate long-term damage.
Detailed military defense counsel are assigned to assist service members. While some clients fear friction with appointed counsel, we often collaborate effectively. Civilian counsel bring specialized trial experience and independence, while military counsel provide local insights and administrative support. Together, we form a unified team focused on achieving the best result.
Even after an acquittal or favorable administrative decision, reputational damage can linger. We advise clients on addressing rumors, correcting records, and applying for upgrades or benefits. Life after an accusation requires resilience and planning; we remain available to assist with appeals and record corrections to help clients move forward.
