Non-compliance with Army Rule 180, which mandates full opportunity for a person subject to the Act—whose character or military reputation is affected in a Court of Inquiry (COI)—to be present throughout the inquiry, make statements, give evidence, cross-examine witnesses affecting their character or reputation, and produce defense witnesses, results in the COI proceedings (or relevant portions thereof) being vitiated. (!) [1000540020013][1000540020024] (!) [1000540020045]

Such violation constitutes a breach of procedural safeguards and principles of natural justice, including the risk of real likelihood of bias or prejudice to the affected person, rendering the COI report unreliable as a basis for disciplinary action.[1000540020010][1000540020011] (!) [1000540020022][1000540020044][1000540020050][1000540020051]

Consequently, the COI decision and all actions taken pursuant to it (e.g., attachments or initiation of disciplinary proceedings) are set aside, with liberty granted to the authority to convene a fresh or additional COI limited to the affected aspects, comprising a different Presiding Officer and independent members not previously involved in expressing views on the matter, to afford proper opportunities for perusal of documents, examination, and cross-examination of pertinent witnesses.[1000540020005][1000540020013][1000540020025][1000540020053][1000540020054]

The proceedings before a COI are not adversarial but fact-finding in nature; however, non-compliance undermines their legitimacy and prevents their use as the sole foundation for further action.[1000540020020][1000540020022][1000540020045][1000540020053]