How Do I Respond to an Air Force Letter of Reprimand?

Your deadline

DAFI 36-2907, Adverse Administrative Actions (14 October 2022), gives Regular Air Force, Space Force, AGR and Guard or Reserve members on Title 10 active duty 3 duty days to respond (para 2.4.2.4). Commanders can grant an extension, so if you need more time to get documents or statements, ask in writing before the deadline. Air Reserve Component members not in active-duty status who leave the duty area get 45 calendar days. After you respond, the issuing authority must tell you the final decision within 3 duty days (para 2.4.3).

Your rights

• You must be told of your right to consult the Area Defense Counsel (para 1.3.6.2). You may also hire a civilian lawyer at your own expense.
• You may submit a written response and supporting documents before the commander decides (para 2.4.2.4).
• Your written response becomes part of the record that goes with the LOR (para 2.4.2.5).

Why the UIF decision matters

For officers, an LOR is a mandatory UIF filing (para 2.3.5.2), and the UIF entry is kept for 2 years. For enlisted members, filing an LOR in a UIF is at the commander’s discretion, and the entry is kept for 1 year (Table 3.2). A UIF can affect promotions, assignments, reenlistment and security clearances, and it is often cited later in separation actions. For enlisted members, persuading the commander not to file the LOR in a UIF can be as important as the response itself.

What to put in your response

1. A respectful opening acknowledging the LOR and the commander’s authority.
2. The facts, briefly and accurately. If the LOR gets something wrong, say so and point to evidence.
3. Context: extenuating or mitigating circumstances, and what you have done since to fix the problem.
4. Your record: performance reports, awards, deployments and duty performance.
5. Character statements from supervisors and leaders who know about the incident.
6. A clear request: withdraw the LOR, downgrade it to a Letter of Admonishment or Counseling, or do not file it in a UIF.

Mistakes to avoid

• Missing the deadline or not responding at all.
• Admitting to a crime without legal advice. If the conduct could be charged under the UCMJ, talk to defense counsel before you write anything.
• Attacking the commander, the investigator or the person who reported you.
• Writing pages of argument instead of a focused response with evidence.
• Submitting weak or generic character statements that do not mention the incident.

Why service members choose Gonzalez & Waddington

Gonzalez & Waddington, LLC is a civilian military defense firm representing U.S. service members worldwide. Michael Waddington is a former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel who has practiced military criminal defense for more than 25 years and has litigated more than 200 contested trials. Alexandra Gonzalez-Waddington is a founding partner with more than 20 years of military and criminal defense experience and a former Georgia public defender. Together they have written 14 books on military justice, cross-examination and trial advocacy, and both teach other lawyers at national CLE programs. The firm limits its caseload so the senior lawyers stay directly involved from investigation through trial or board.