Commissioned Corps Management Information Site

What examples of misconduct may warrant disciplinary action and a review by a Board of Inquiry (BOI)?

Misconduct is grounds for disciplinary action and includes the following as stated in CCD 111.02, "Disciplinary Action:"

Disobedience of lawful orders;
Gross negligence, negligence, or carelessness (in obeying orders, performing official duties, or adhering to Corps' policy or requirements);
Unauthorized use or consumption of controlled substances or alcohol while on duty or while deployed or illegally possessing controlled substances at any time;
Fraternization/unprofessional relationships (e.g., relationships between seniors and subordinates over whom they have authority);
Submission of false official information or statement;
Absence Without Leave (AWOL);
Inappropriate use and/or posts on social media which includes posting comments or pictures (e.g., revealing personally identifiable information (PII) about a patient); or
Engaging in any action or behavior of a dishonorable nature.

What is a Board of Inquiry (BOI)?

A BOI is a board of officers that reviews an officer charged with misconduct. It considers the grounds for disciplinary action as it relates to misconduct and can make recommendations regarding:

Retention in the Corps;
Characterization of Service as other than "honorable," or
Other disciplinary action

What specific recommendations can a BOI make to the ASH?

A BOI may recommend any of the following actions:

Letter of Counseling (LOC), Letter of Reprimand (LOR), or Suspension from Duty;
Request for Removal;
Termination of an Officer's Commission;
Reduction in Grade;
Ineligibility for Awards; or
Forced Retirement.

If an officer fails to be notified of consideration for separation and the initiation of a BOI, will a BOI still proceed?

No. While an officer's failure to invoke any of his/her rights in accordance with CCD 111.02, "Disciplinary Action," shall not be considered as a bar to the Board proceedings, findings, opinion, or recommendations by the Board. , the Board cannot consider a case if the officer is not properly notified of separation proceedings initiated against him/her when given at least 30 days advance written notice.

What happens if the Board decides the PHS Representative has failed to prove the alleged misconduct?

A PHS Representative will be assigned by the ASH for BOI proceedings and will serve to investigate all the circumstances of the case brought before the Board. Upon a Board finding that the PHS representative has failed to sustain the burden of proof as to the existence of any misconduct, the Board will deliver a report of "unsubstantiated" and no further action will be taken. However, if misconduct is proven or substantiated then the Board record of the Board proceedings will be sent to the ASH for approval or an order for further investigation.

If an officer's commission is terminated as a result of being found guilty of a criminal offense, will the termination be listed as under "honorable conditions?"

When a civil authority, tribal authority, or military tribunal or administrative board finds an officer guilty and sentences him/her to confinement for a period in excess of 30 days, but less than 181 days, in a Military, Federal, Tribal, or State penitentiary or correctional institution, the Corps will characterize the officer's termination as "honorable" and "for the good of the Service." However, if the officer has been sentenced to confinement for more than 180 days, the BOI will characterize the termination as "dismissed."

Under what circumstances would a BOI recommend characterization of an officer's service as "under other than honorable conditions?"

The BOI generally will recommend a characterization of "under other than honorable conditions" when they find a pattern of significant departure from the conduct expected of officers or misconduct of such severity as to warrant any other characterization as inappropriate.

If the ASH accepts a BOI's recommendation for termination of an officer's commission, can he/she change the BOI's recommendation for service characterization?

Yes, the ASH may approve the characterization of service recommended by the Board or change it to one more favorable. However, the ASH cannot change the characterization to one less favorable than that recommended by the Board.

FAQs for Board of Inquiry (Based on CCD 111.02 Disciplinary Action)

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