A common question that we hear is…
What is a show cause board, what is a board of inquiry?
Those are the officer equivalence of an administrative separation board. It is an added layer of due process where that officer gets to appear in front of the board with an attorney who represents them before that board, that consists of three members who will vote and decide whether or not that officer has committed misconduct.
If they decide misconduct has occurred, they will also decide whether or not that found or substantiated misconduct meets the threshold in their opinion for warranting elimination that is separation or firing from the military for that officer.
And lastly, if the board members, if those three board members vote by a majority vote to substantiate the misconduct and that it warrants separation, then they have to make an additional or third finding as to whether or not that misconduct, which they’re saying warrant separation characterizes. At what degree it should be, that is whether or not they should get out with a full honorable whether or not it should be a general under honorable conditions, characterization, or whether it should be the worst administrative type of a separation, which would be other than honorable conditions.
Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide. Contact the Law Office of Jocelyn C. Stewart at 1-888-252-0927
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