Administrative Law

Military Tort LawThe Center for Military Law L.L.C. can provide an attorney to represent U.S. Military men and women at Enlisted Separations and Boards, Officer Elimination and Show Cause Boards, Boards of Inquiry, Flying Evaluation Boards, Reduction Boards, Financial Liability Investigations (FLIPL’s), Credentials Hearing Boards, Adverse Privileging/Practice Actions, General Officer Memorandum of Reprimands (GOMOR), and other miscellaneous adverse administrative actions.

Enlisted Separations and Boards

If you are facing an administrative separation, you need to fully understand your rights. Some separations can affect your eligibility to receive benefits from the Veteran's Administration and can be processed without a hearing or board, by your Brigade Commander. Whether or not you are an entitled to a board, we can represent you throughout the entire Administrative Separation process. If you are going to be involuntarily discharged from any branch of the military, you need to do everything possible to receive an honorable discharge. Failure to do so could seriously restrict your employment options in civilian life, as well as affect your eligibility to receive benefits from the Veteran's Administration. By getting the help of an experienced military attorney to prepare your case and represent you during your hearing, you can improve the chances of a successful outcome. If you are entitled to an administrative separation hearing, you will have the opportunity to challenge the evidence against you, question witnesses in the case, submit your own evidence and testimony, and question voting members about their cause for voting against you. You may be able to either prevent the discharge or improve your discharge characterization.

Officer Elimination and Show Cause Boards

The common method of eliminating an officer from active duty is through a Board of Inquiry. The Board of Inquiry’s purpose is to give the officer a fair and impartial hearing, determining if the officer will be retained in the Army. Through a formal administrative investigation conducted under AR 15-6 and AR 600-8-24, the Board of Inquiry establishes and records the facts of the Respondent’s alleged misconduct, substandard performance of duty, or conduct incompatible with military service. Based upon the findings of fact established by its investigation and recorded in its report, the board then makes a recommendation for the officer’s disposition, consistent with AR 600-8-24. The Government is responsible to establish, by preponderance of the evidence, that the officer has failed to maintain the standards desired for their grade and branch. In the absence of such a showing by the Government, the board will retain the officer. However, the respondent is entitled to produce evidence to show cause for his retention and to refute the allegations against him.

Flying Evaluation Boards

When an officer’s performance is doubtful, justification for continued aviation service and aeronautical ratings are subject to a complete review at a Flying Evaluation Board or FEB. Each officer authorized to pilot a military aircraft or perform crew member duties must maintain the highest professional standards. FEB’s are typically convened when an officer fails to remain professionally qualified, has marginal potential for continued aviation service, or is currently non-medically disqualified for aviation service and meets the provisions for requalification. A FEB can recommend that your aviation service and aeronautical ratings be permanently terminated. You should have an attorney who understands the aviation community and how FEB’s are conducted represent you. As a Combat Aviation Brigade Judge Advocate for three years and a door gunner on a UH-60 L/M, Bruce L. Tyler has extensive experience at FEB’s and is eager to represent Aviators.

Financial Liability Investigations (FLIPL’s)

A financial liability investigation of property loss is typically initiated to account for lost, damaged, or destroyed Government property when negligence or willful misconduct is suspected as the cause, the individual does not admit liability and refuses to make voluntary reimbursement to the Government for the full value of the loss less depreciation. Depending on the type of equipment and the circumstances of the loss, you may be liable for up to the full value of the equipment less depreciation. It is important you retain qualified attorney to represent you throughout this process and the Center for Military Law is prepared to assist you.

General Officer Memorandum of Reprimands (GOMOR)

A General Officer Memorandum of Reprimand or GOMOR has the ability to have lasting effects on your military career. A GOMOR filed in your Official Military Personnel File can eventually lead to your involuntary separation from the military. A well planned rebuttal may prevent the filing of a GOMOR in your OMPF, so it is important that you have an experienced attorney assisting you throughout this process.