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P. Simmons, Military Lawyer
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XOI (Executive Officer Inquiry)

What is XOI?

XOI stands for Executive Officer Inquiry in the Navy. There are times when a soldier may get in trouble and before they are taken to a Court Martial or Mast hearing the Officers will do a XOI to hear evidence and decide if the charges should be brought against the soldier. When the soldier is faced with a XOI then he/she may have questions as to their rights and how the XOI works or what may happen during the XOI. Read below where Experts regarding XOI answer questions to common questions.

Is it possible for a soldier to get his/her XO dismissed if he/she brought up a matter during a XOI that had nothing to do with why the soldier was there to see him/her about and can the soldier get in trouble for pointing out a mistake made in the dates of his/her restriction?

No, a soldier cannot get his/her XO dismissed for bringing up a matter that had nothing to do with why they were there to begin with. The XOI is there to enforce the good order and discipline in the command and the process is similar to Mast. The XO can inquire into all levels of misconduct during this time. If the soldier points out a mistake in their paperwork regarding his/her restriction they cannot get into trouble for doing so. There is really no point in bringing the mistake in dates up since it won’t change the punishment, they simply will just change the dates on the paperwork anyways.

Can a XO add charges after the XOI is complete and does the soldier have the right to council during the Mast process?

Yes, the soldier’s XO can add or take away charges during the XOI process. The XOI process is there to make sure all charges are ready for when the soldier goes to his/her Mast proceedings. The soldier has the right to talk to council prior to Mast, if the council is available, but the soldier does not have the right to have council at the Mast proceedings.

If a soldier is separated from his/her spouse and has a relationship during the separation, can the soldier be taken through a XOI for adultery?

Yes, the soldier can be taken through the XOI process for this behavior, but it is the job of the XOI process to determine if there are charges to take to Mast or if the charges are not there due to the soldier being separated.

What is the most in regards to punishment that a XO can do if a soldier blew a positive on their alcohol test?

The XO can send the soldier through the XOI process which can result in a Mast appearance and possible charges of dereliction of duty. If the soldier is lucky the Captain will not remove a stripe, which is another option of punishment that they have.

If a soldier has a prescription, but the prescription has expired and the soldier still takes it and tests positive on a drug test, can the military give the soldier a separation from the service?

This is a example of the violation of Article 112a of the UCMJ. The XO will take the soldier through the XOI process and the soldier will be charged as they see fit, but since the prescription was prescribed to the soldier but was expired, the XO most likely won’t go for a separation from service.

When a soldier faces the XOI process he/she may not fully grasp the concept. The procedures and the process of the XOI is set in place to keep the soldiers and such, from getting into trouble and it is set in place to help determine if more serious charges should be brought against the soldier. The XOI process is purely set in place to inquire into allegations made against a soldier and therefore can cause questions in the soldier’s mind.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11875
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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