Thank you for your patience.
Let me start by saying I am very sorry to have to bear bad news.
The 18 year mark, sometimes referred to as "sanctuary" is not significant for an officer
facing a BOI/BOR. While it is true an officer who reaches 18 years of service can not be separated for failure to gain promotion, that 18 year mark has no impact on the ability of the Army to separate an officer for misconduct. So the fact she is near or at the 18 year mark is of no significance to the BOI/BOR.
Here is the regulation that applieshttp://codes.lp.findlaw.com/uscode/10/A/II/36/III/632
There is a second form of "sanctuary" that applies to reserve
, that prevents separation
after 18 years of duty, prior to 20 years. You can see that regulation herehttp://codes.lp.findlaw.com/uscode/10/E/II/1221/12686
What you see is that separation is allowed only as provided for by the service secretary (in this case the Secretary of the Army)
And that happens with Army Regulation
600–8–24. This is the regulation that covers separation of officers for misconduct. If you take a look at para 4-17 it covers board of review. Basically, the BOR is a continuation of the BOI. They review the record of the BOI and make a final recommendation to the service secretary.
How long will this take? It depends...but typically not more than a few weeks to convene and decide.
It is not good...if the BOI recommended separation? It is likely that the BOR will make a similar decision. But her lawyer can submit matters to the BOR...so her lawyer can, and should submit matters, in writing for the BOR to consider in light of the evidence presented at the BOI.
Please let me know if you have more questions...happy to assist if I can