BOI Appeal in the Army

August 2, 2025

This article is meant to address a Board of Inquiry appeal in the Army, or BOI appeal in the Army. A Board of Inquiry, explained more in depth at this link, is required to be convened before a non-probationary officer can be separated from the Army, or before a probationary officer can be separated with an other than honorable (OTH) discharge.

Boards of Inquiry are regulated by AR 600-8-24, specifically Chapter 4. A board of inquiry is essentially a one-day mini-trial. The board is required to determine what allegations are supported by a preponderance of the evidence, if any. Additionally, if any findings are substantiated, a board of inquiry has to recommend if the Officer in question should be retained or separated. If separated, a board of inquiry has to make a recommendation on the characterization of service for the officer in question. The options are:

Honorable
General, under honorable conditions
Other than honorable

If a board of inquiry unsubstantiates all allegations, or recommends retention, then the officer in question must be unflagged and retained. However, if the BOI recommends separation, an appeal can be submitted. Before submission of a BOI appeal in the Army, a summarized transcript of the board will be created. This summarized transcript, along with all evidence presented by the recorder and Defense, will be packaged together and served on the officer in question.

The officer in question will then have 7 calendar days to submit a BOI appeal. A BOI appeal in the Army can argue for retention or for a better characterization of service. A BOI appeal can include additional evidence not previously considered, such as statements, text messages, emails, photos, videos, and more. Additionally, a BOI appeal in the Army can consist of a legal argument presented by the officer's lawyer. This could include legal errors committed during the board of inquiry, or at any point in the process.

If a BOI was appointed by the local Commanding General, then he/she can grant the appeal or send the matter to the Secretary of the Army for final action. Even if the Commanding General does not grant a BOI appeal, the Secretary of the Army can. Attorney Barry has noticed that the Secretary of the Army is more likely to grant a BOI appeal, compared to the Commanding General/HRC.

If a BOI was initiated by HRC, then the local Commanding General cannot grant a BOI appeal, and can only make recommendations to HRC.

A BOI appeal in the Army cannot result in a worse result than what the BOI recommended. For example, if the BOI recommends an honorable discharge, then a General Discharge and OTH cannot be adjudged.

BOI Appeals in the Army can also request and argue for medical separation/retirement, if a medboard is also pending. Of note, the Secretary of the Army is the approval authority in these situations.

Additionally, a request for retirement in lieu of elimination should be included in a BOI appeal, if the officer in question will hit 19 years and 6 months at any point before final decision is made by the Secretary of the Army. When such a request is made, matters for the Army Grade Determination Review Board should also be submitted.

Sometimes Boards of Inquiry can reach an unfair result. In these cases, the officer should not get discouraged. While TDS will offer to draft these matters, it is smart to consider outside counsel for a fresh perspective and, perhaps, the collection of additional evidence. Civilian counsel can be retained in these situations, which allows an officer to chose an experienced military lawyer.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively boards of inquiry, and has won many BOI appeals for his clients, resulting in post-board retention, retirement, medical processing, and a better characterization of service.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.