Received word today that the Army has decided that all Respondents at Show Cause Boards and counsel have a right to appear in person before a live panel. While there may be an opportunity for a Respondent in a Board proceeding to waive in person attendance and have the Board held remotely, in person attendance is still a right.
Since DoD has now extended its travel restriction order until 30 June, in-person Boards of Inquiry (BOIs)/Show Cause Boards are likely going to back-log for the next 2 and a half months or more. As such, there might be some additional opportunity in the upcoming months to negotiate and discuss favorable options with the servicing judge advocate offices in any given Show Cause action.
If you’re currently facing – or expect to be facing — an adverse administrative Show Cause action, now would be a good time to give our office a call.
meililaw.com firstname.lastname@example.org Office: 214 363-1828; Toll Free: 866 578-0164
UPDATE on the SHOW CAUSE, BOARD OF INQUIRY (BOI) for our AMEDD OFFICER CLIENT which we discussed in a post last November |Posted: February 26, 2020
AMEDD officer’s retention recommendation by a Field Board of Inquiry (FBOI, BOI) was ratified and adopted by HRC recently. The Show Cause case is now closed, client’s flag has been lifted, and as a result, our client was able — earlier this month — to complete and timely file materials for consideration by the AMEDD officer promotion board which convened this week.
Again, we’re extremely grateful for the support and expertise shown by so many over the course of the past year.
If you need help with a looming or pending Show Cause/Board of Inquiry (BOI) action, please, don’t hesitate to get in touch with our office. Phone: 214 363-1828 or email: email@example.com.
Happy to report that an Army medical officer (AMEDD) client received a vote to retain by an officer Field Board of Inquiry this past Thursday. Grateful for the time, consideration and attention to detail from the members of this Show Cause Board, and equally grateful for the support shown by a wide array of people who weighed in on this case.
We’ll likely have more information to share once the Board’s findings and recommendations are ratified and approved by higher. Simply wanted to express our thanks here this Thanksgiving week to all those who had a hand in this one.
v/r Bill Meili, firstname.lastname@example.org, 214 363-1828 (O)
SHOW CAUSE BOARD OF INQUIRY, UQR, GOMOR and ARMY DASEB REPRESENTATION
Have started 2018 with some good news on several cases for clients, the latest of which is highlighted below. Last month, we were fortunate to receive an approved Unqualified Resignation (UQR) for an Army MSC officer client, and we also heard back from DASEB (DA Suitability Evaluation Board) that another officer client’s request to have his GOMOR transferred to the restricted fiche was granted. That was on a first-time request.
We also received a couple of notices last month where our requests for favorable relief were denied. Both of those cases involved BOI actions for probationary officers (less than 5 years of active federal commissioned service) with no right to a “live” Board, and with allegations of inappropriate sexual conduct as basis for the Show Cause. One of those cases is on appeal.
Earlier this week, I received word from DASEB on another Army officer who I’ve known for more than 4 years. His story is compelling. One of the best officers I’ve had the good fortune to work with over my time as a lawyer. His spirit is undiminished by his long ordeal and his character remains strong and resilient. DASEB granted his second request to transfer a GOMOR. He comes up for a second look at promotion later this year, and I’m pulling that the Army does the right thing with a selection. We would all benefit. My client’s thoughts are shared below in his testimonial.
Thank you, and if you or someone you know has a need, don’t hesitate to give my office a call or shoot an email. v/r Bill Meili
“I contacted Bill Meili over 4 years ago to represent me on a Show Cause Board of Inquiry (BOI) due to a GOMOR being permanently filed in my performance fiche. The Board voted to retain me, but my career was still in doubt because the GOMOR was still in place. Since day 1, however, Mr. Meili has provided sound advice and given me hope that there is still a chance to overcome my long-ago mistake and continue my career. Bill Meili truly cares and ensures that everything is being handled fairly and with respect for the whole person concept. Recently, the Department of the Army Suitability Evaluation Board (DASEB) gave me relief, transferring my GOMOR to my restricted fiche — again with Mr. Meili as my attorney. It has been a long journey and Mr. Meili has always been available providing sound advice and guidance. It is great to know that there is someone who I may contact if in need. He excels in his craft and genuinely cares. The only regret I have is not contacting him earlier in the process!” JJ CPT, USA
Recent activity in the past three months since my last post 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 made a decision to decline prosecution. No case was filed. The bright spot this morning came in the form of a few words posted by my client’s father to a social media platform. Here’s the post in his words, and I’m forever grateful for Rob and his entire family that the result was what it was: _______________________________________________________________________________________________________________
Posted by Rob on Avvo.com
“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.”