Hawaii Military Law
Information provided by our Hawaii criminal lawyer, a former Marine
Hawaii criminal attorney Noel Tipon is a former Marine, which gives him unique insight and understanding into military law. Being charged with a crime under military law is not the same as being charged with a crime under civilian law, although the charge may be similar to the related crime under civilian law. You risk losing rank, denial of promotion, a punitive discharge from the military, loss of veteran’s benefits such as the G.I. Bill, and the loss of your good name and reputation in the military community. Because you have so much at stake, an experienced attorney and strong defense is critical to your case.
Military cases include:
Administrative Discharge
An administrative discharge is the involuntary removal of an enlisted member of the United States military prior to the expected date of separation. An administrative discharge, or premature separation, can occur as the result of a variety of circumstances, including:
- Conviction during a court martial hearing
- Military misconduct
- Pattern of misconduct
- Commission of a serious offense
- Conviction of a criminal offense in a civilian proceeding
- Homosexuality
- Physical disability
- Substandard performance of duty
Administrative Separation Board
If you are facing possible military discharge and either face the possibility of an Other than Honorable (OTH) discharge, or have been enlisted for more than six years, you have the right to appear before an administrative separation board. An administrative separation board consists of a panel of three servicemembers (usually two officers and one enlisted member) who decide whether there is cause to discharge and, if such cause exists, what the proper characterization of discharge should be. The servicemember discharged may be released without any military benefits, even if that person is within a few days of retirement or their EAS.
Boards of Inquiry (BOI)
A Board of Inquiry (BOI) is an investigative panel who evaluates all evidence surrounding an incident involving a military officer with the purpose of preventing similar occurrences in the future. If you are an officer who has been notified of a potential separation (also known as an order to show cause), you are entitled to a hearing before the Board of Inquiry. The Board of Inquiry is not a court of law, but it may recommend separation if an officer is found to have committed any of the following acts:
- Military misconduct, such as serious wrongdoing, mismanagement of personal affairs, drug abuse, dereliction of duty, or intentional misrepresentation of facts in official records
- Commission of a serious offense
- Criminal activity that resulted in a civilian conviction
- Substandard performance of duty
- Conduct unbecoming of an officer
- Court martial allegations
If you are facing a Board of Inquiry, you have the right to be represented by legal counsel.
Appeals of Military Decisions
Most military decisions, including court martial convictions and sentences, can be appealed to higher military courts. In most cases, appeals of a bad-conduct discharge, a dishonorable discharge, confinement, or dismissal of an officer are presented to military appellate courts. Some cases may be appealed to the Court of Appeals for the Armed Forces (CAAF) and, although uncommon, an appeal may ultimately be reviewed by the U.S. Supreme Court.
The Hawaii military lawyer at The Tipon Law Firm has over ten years of experience defending servicemembers before U.S. military courts, military courts of appeal, Administrative Discharge Boards, and Boards of Inquiry. Noel Tipon is a Hawaii criminal lawyer who is experienced in defending cases before US military courts. If you are a member of the United States Armed Forces and are facing military charges or administrative processing, contact a Hawaii military attorney at The Tipon Law Firm today for an initial consultation. Tagalog and Ilocano spoken.
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