Air Force Letter of Reprimand
Defending Air Force Members Nationwide
The Air Force and Army by instruction have the ability to issue Letters of Reprimand without an Article 15, UCMJ (nonjudicial punishment proceeding). The Air Force characterizes a Letter of Reprimand as an administrative tool to correct rather than punish behavior — even though a Letter of Reprimand will have a lasting impact on the military member’s career.
What Is a Letter of Reprimand?
By definition, a Letter of Reprimand is an official, written censure for performance or personal conduct issues that degrade the individual and unit’s mission. The decision whether to issue one is based on the nature of the incident or behavior and the prior disciplinary or counseling record of the member. A Letter of Reprimand may be issued after a single, isolated incident or as part of a graduated pattern of counseling in response to failures to correct behavior.
Importantly, a Letter of Reprimand can be issued without any violation of the Uniform Code of Military Justice. There is no set “standard of proof” and no rules limiting the type of evidence — hearsay, written statements, anonymous reports — that can be used to issue one.
The Air Force recommends commanders apply a “preponderance of the evidence” standard — meaning it is more likely than not that the departure from Air Force standards or the incident of misconduct occurred.
Requirements Under AFI 36-2907
A Letter of Reprimand must comply with the requirements of Air Force Instruction (AFI) 36-2907. It should be in writing following the format in the instruction, and it must be specific as to the basis for the letter and the improvements the recipient must make.
The Response Process
The recipient must be read the letter and acknowledge receipt. The recipient is given a copy and informed that, if active duty, he or she has 3 duty days to submit a response. In my experience, additional time is liberally granted — especially if the recipient is working with an attorney to draft a response.
Once the recipient submits a response, the commander makes a final decision: withdraw the letter, modify it (thereby triggering another response), or keep it as written.
Building a Strong Response
A strong response challenges the basis for the letter and explains why a Letter of Reprimand is too serious an action for the alleged infraction. It should include documentary evidence as attachments rebutting the basis for the letter and establishing the recipient’s meritorious record of service. I have also included video and audio evidence in responses.
Consequences: UIF and Officer Records
In the Air Force, a Letter of Reprimand that is not withdrawn by the commander is usually placed in the member’s Unfavorable Information File (UIF). For officers, it will trigger an Officer Selection Record (OSR) determination. During that process, the commander decides whether to submit the letter to the officer’s record that will be viewed during promotion boards. This process is detailed in AFI 36-2608.
The best way to minimize the impact of an Air Force Letter of Reprimand is to convince a commander to withdraw it or reduce it to a less severe form of censure, such as an oral or written counseling.
Attorney Patrick Korody
Attorney Patrick Korody has successfully defended Air Force members from Florida to Alaska facing administrative and disciplinary action. He is a former Navy JAG and has practiced military law for more than 15 years. He offers a free consultation.
Korody Law, P.A. • 630 West Adams Street, Suite 208, Jacksonville, FL 32204 • (904) 383-7261