Willian C. Meili - Attorney at Law

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Issues & Cases

BOARD OF INQUIRY - SHOW CAUSE ACTION - PROBATIONARY OFFICER

BOARD OF INQUIRY (BOI) — SHOW CAUSE ACTION — PROBATIONARY OFFICER

Notice of Intent to Eliminate and Show Cause for an Alleged DWI, Conduct Unbecoming

Matter:Probationary Army Officer Show Cause Action (BOI), including allegations of Misconduct and Conduct Unbecoming (DWI) and Substandard Performance

Summary: This was a case of a Dental Officer who was already going out on an Honorable because he couldn't pass his final licensing exams. The Army had brought him on board with the understanding that he had to pass those exams within a year's time in order to become fully credentialed (licensed). When he couldn't, the Army started elimination action for substandard performance IAW AR 600-8-24. But shortly into that process, our client was stopped on post by MPs for suspicion of DWI. No charge was ever formally filed, and the evidence was questionable. But as is almost always the case these days -- his CG issued a GOMOR (General Officer Memorandum of Reprimand), directed filing in the AMHRR, and the servicing SJA office recommended a Show Cause action for misconduct. (Did I say no formal charge was ever filed???). So now he was in jeopardy of going out with a less than honorable characterization of service for being a bad actor. Not necessarily career enhancing in the civilian world.

Our client was adamant that he was not driving while impaired. A forthright medical specialist, of good character and integrity, our client did, however, lack experience and a firm understanding of the service's climate and culture. He needed help to restore his confidence and provide a dignified, honorable exit plan which preserved future opportunities.

Result: We fought this Show Cause action locally, and then up to the Assistant Secretary of the Army (ASA - Special Review Boards/ARBA) level over the course of six months. Thankfully, the ASA directed an honorable discharge.

Highlights: Client Dentist started a new civilian job within a month of the ASA's decision with a civilian dentist who will provide all necessary supervision and oversight until such time as our client enters a fellowship program with another professional sometime next year. If client does well in both places — with both Docs — he'll be fully licensed, credentialed and accredited under the laws of his jurisdiction. Perhaps more importantly, however, our client was able to walk away from his relatively brief active duty military career with his head up and honor and dignity intact.

References:  Please call us at 214-363-1828 or email us at info@meililaw.com for further details and contact information.


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