FAQs
What is a Board of Inquiry (BOI), or show-cause board?
A Board of Inquiry, also called a show-cause board or elimination board, is the administrative hearing the Army uses to decide whether to retain or involuntarily separate an officer. A panel of officers reviews the allegations and the officer’s record and recommends either keeping the officer (retaining) or separating them. For the Army, the process is governed by AR 600-8-24 and AR 15-6.
What can trigger an officer elimination or show-cause action?
The Army can start an elimination for three kinds of reasons under AR 600-8-24: substandard performance of duty; misconduct, moral or professional dereliction, or reasons of national security; and derogatory information in the officer’s record combined with other known deficiencies. Common specific triggers include a referred officer evaluation report, a GOMOR, an adverse AR 15-6 investigation finding, a positive urinalysis, or loss of a security clearance.
Am I entitled to a hearing before a Board of Inquiry?
It depends on your years of service and the type of discharge the Army is seeking. Regular Army officers with six or more years of active commissioned service (warrant officers with three or more) are entitled to a Board of Inquiry, regardless of the characterization of service the command is recommending. Officers below that line are considered “probationary” and are usually handled through a paper notification process only (i.e. no board hearing), with one key exception: If the command is recommending an “Other Than Honorable (UOTH)” characterization of service, an officer is entitled to demand a Board, regardless of the number of years of commissioned service. Note: prior enlisted time does not count toward active commissioned service.
What outcomes can a Board of Inquiry reach, and who makes the final decision?
The board makes a separate finding on each allegation and recommends either retention (with or without reassignment) or separation, deciding by a preponderance of the evidence, meaning more likely than not. If misconduct or dereliction is alleged, it also recommends how the discharge should be characterized. An officer separated solely for substandard performance receives an Honorable discharge. The Secretary of the Army holds final approval authority. If the action started at the local command level, the initiating general officer can choose to keep the officer; and under a 2024 change in the law, the Secretary may, in limited circumstances, decline to follow a board’s recommendation to retain an officer.
Every case is different. Past results don’t guarantee a similar outcome, and the timelines here are general estimates, not promises.
Do I need a lawyer for a Board of Inquiry, and can I use a civilian attorney?
You have the right to counsel at a Board of Inquiry, and you may hire a civilian attorney, at your own expense, in addition to any military counsel assigned to you. Because the outcome can affect your career, your discharge characterization, and your retirement eligibility, experienced representation matters. I’ve invariably found that the best results happen when you have both your assigned trial defense (uniformed) counsel and your civilian attorney sitting at counsel table with you advocating together for your best outcome.
Can a Show Cause Board affect my military record permanently?
Yes, the results of a Show Cause Board can have a lasting impact on your military record. An adverse finding could lead to separation, potential loss of benefits, and damage to your professional reputation. A successful defense can help retain your career and restore your good standing.
What should I do if I receive a Notice of Elimination or Show Cause Memorandum?
If you receive a Notice of Elimination or Show Cause Memorandum, it is crucial to seek legal counsel immediately. An experienced attorney can help you evaluate your case, guide you through the Election of Options paperwork, and develop a strong defense to protect your military career.
Can I avoid a full hearing during the Show Cause process?
In some cases, it may be possible to resolve a Show Cause action without proceeding to a full hearing. Early engagement with legal counsel can help identify opportunities to address the issues and negotiate favorable outcomes before a contested hearing becomes necessary.