What is the difference between a court-martial and a board of inquiry?

A court-martial is a criminal proceeding for a military offense, while a board of inquiry is an administrative proceeding. Both proceedings take place in the military in Virginia, but they are different processes. A court-martial is an official legal process in which a military member is charged with a criminal offense. If a military member is accused of breaking the law, they will be tried in a court-martial. This is similar to a civilian criminal trial and includes many of the same elements. Evidence is presented, the accused can represent themselves or have a lawyer, and a jury is chosen from a panel of military members. If a person is found guilty in a court-martial, there are potential punishments including confinement, fines, or dismissal from service. A board of inquiry is a less formal military proceeding. It is used to determine if a service member is at fault for disciplinary purposes, usually in cases of misconduct or dereliction of duty. A board of inquiry often consists of a few commissioned officers, typically of a higher rank than the accused. During the proceedings, witnesses are called to testify, and the accused can represent themselves or have a lawyer. A board of inquiry can recommend restrictions, reprimand, or a reduction in rank. However, the final decision is up to the convening authority. Overall, a court-martial and board of inquiry are two distinct and separate proceedings in the military. Although they both follow a similar pattern, a court-martial is a criminal trial while a board of inquiry is an administrative process.

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