10/16/2017
Haven't Blogged in a while. Fixing that here now. Thanks as always for the continued interest and support.
Probationary Officer Board of Inquiry Work, Playing the Waiting Game, and A Case Never Filed
Posted: October 16, 2017
Recent activity in the past three months has centered around Boards of Inquiry Defense for probationary officers. Show Cause/BOIs for probationary officers — typically those with less than 5 years of commissioned service — are particularly challenging, because of the lesser amount of due process provided by regulation. In plain language, if the local command recommends a characterization of service no worse than a General, Under Honorable Conditions, the probationary officer has no recourse to present his or her case to a “live” board of officers. It’s simply a paper presentation to his command chain for a decision by the GOSCA (usually the CG of the local installation).
That said, it’s so important to engage the chain of command early and often in order to have some hope of swaying a recommendation from them for retention, or in some cases even to close a case without it going forward. Also, it’s essential for the lawyer to call on the servicing JAG or SJA’s office so that an early and substantive dialogue can be initiated. Without that, especially in a case where there is no “live” board to advocate before and with, there is virtually no effective way to sway the GOSCA towards a more favorable view of the respondent/client.
In addition to the probationary officer cases mentioned, the office has several Army matters still hanging fire, waiting decision at DASEB on GOMOR appeals and at DASA on one of those BOIs, as well as a UQR (Unqualified Resignation appeal) now at HRC for an Army aviator, and one Marine case pending at the PERB (Performance Evaluation Review Board at Quantico) where we’re seeking to correct a Fitrep injustice. Keeping fingers crossed on all.
Finally, I wanted to share an unexpected bright spot which came to my attention this morning. I had worked with a family the past two years on a civilian, criminal matter. Thankfully, and with a lot of work by many people on both sides of the aisle, the state decided to decline prosecution. No case filed. The aforementioned bright spot arrived in the form of a few words posted by my client’s father to a social media platform. Here’s his post -- and I’m forever grateful for Rob and his entire family that the result was what it was: ______________________________________________________________________________________________________
Posted by Rob on Avvo.com
October 15, 2017
“Our Son was in significant trouble and we knew right away that he was going to need the absolute Best Representation by a Knowledgeable and Thoughtful Professional. You see, I was in a position where I knew Bill, not well, but well enough to know that in my heart I could “Trust” that Bill would do everything in his power to help our Family. He did just that and a lot more!”
“You see, Bill not only gave my Son all that he had, he poured his heart into my Family, literally keeping us in one piece. This is what gave us all strength to get through our long and difficult journey. I hate to think where my Son and my Family would be without Bill in our Lives.”
Call William C. Meili at 214 363-1828 to speak with a military lawyer with specific experience in Show Cause Board of Inquiry, Officer Resignations, Security Clearance Denial, and Professional License Law. Located in Dallas, Texas, Bill has over 26 years of military law and civilian legal experience...