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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26286
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can a NPLOC lead to a BOI

Resolved Question:

Can a NPLOC lead to a BOI
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The NIPLOC can not...in and of itself.

But the underlying conduct COULD.

If there is evidence of criminal (UCMJ) misconduct, that can be used to convene a BOI.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26286
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm a Maj with 31 years of service, selected for LTC Jan 2012. Originally (Aug 2011) it started off as a UCMJ for conduct unbecoming of an officer (Art 133) for collaborating with another service member on a PME course via distant learning. I was given a NIPLOC, for misconduct. Two commanding general, endorsed my packet to show no cause for retention, promote immediately, the third concur with show no cause to retention, but didn't recommend promotion. Currently I'm on the promotion list for LTC, which has been delayed, because of these proceedings. At this point and time, is it possible to get out of the BOI? My NJP was completed in Feb, resulting no punishment-NIPLOC. I was just notified in May that my case will be heard at a BOI for retention. In June I was notified who my representation was going to be and we a looking at a possible BOI date of 6 Aug. As of this date I have not yet been the opportunity to retire

Customer: replied 1 year ago.

Does a NIPLOC have to turn into a BOI?

 

I'm a Maj with 31 years of service, selected for LTC Jan 2012. Originally (Aug 2011) it started off as a UCMJ for conduct unbecoming of an officer (Art 133) for collaborating with another service member on a PME course via distant learning. I was given a NIPLOC, for misconduct. Two commanding general, endorsed my packet to show no cause for retention, promote immediately, the third concur with show no cause to retention, but didn't recommend promotion. Currently I'm on the promotion list for LTC, which has been delayed, because of these proceedings. At this point and time, is it possible to get out of the BOI? My NJP was completed in Feb, resulting no punishment-NIPLOC. I was just notified in May that my case will be heard at a BOI for retention. In June I was notified, who was going to be my representation and we a looking at a possible BOI date of 6 Aug. As of this date I have not yet been the opportunity to retire.

Expert:  P. Simmons replied 1 year ago.
It is not automatic. That is the art 15 or njp will not automatically result in a boi. But the show cause authority (the 3 star in your chain of command) has to make a decision if to order a boi.

What you describe it seems that happened.

At this point your recourse is to fight the boi. To show you should not be discharged.

Consider hiring a lawyer. They give you one for free. But if you hire one you pay for the experience. With so much on the line that would be a good investment.
Customer: replied 1 year ago.

I apologize, if I'm not doing this correctly.....I think I have emailed you this question several times.


 


So, at this point....there is no recourse for me to get this thrown out (BOI). I was under the impression the the BOI was strictly for retention and not about promotion. Retention was the one thing that they all agreed on.


 

Expert:  P. Simmons replied 1 year ago.
No. A boi is a show cause hearing. They are convened if ther is evidence of misconduct. Basically it is an adsep board for officers. You can not throw it out. You can present evidence at the board to show that either you did not commit misconduct or that you should not be discharged.
Customer: replied 1 year ago.

Thank you so much for the insight.

Expert:  P. Simmons replied 1 year ago.
Yes sir. Good luck in the fight.

Phil

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