I am facing adverse administrative action and need The Veteran’s Advocate to represent me!
The service departments of the DoD have at their disposal multiple adverse administrative tools which, in theory, are to be used by Command to maintain good order and discipline, rehabilitate the service member, and shape the force as necessary in the interest of the service. Unfortunately, these administrative tools are often employed arbitrarily and even abusively. Situations in which service members often need our services include command-directed investigation rebuttal and defense, Letter of Reprimand defense, Article 15 (non-judicial punishment) defense, security clearance adjudications, federal civilian adverse employment actions, and many more.
I am facing adverse administrative action and need The Veteran’s Advocate to represent me!
HAVE THE VETERAN'S ADVOCATE HANDLE YOUR ADVERSE ADMINISTRATIVE ACTION
Defending against adverse administrative actions in the Department of Defense (DoD) and other federal agencies employing federal civilian employees involves navigating a process designed to protect the rights of personnel while addressing concerns or issues that have led to the proposed adverse action. These actions can range from administrative separations to non-judicial punishment and can have significant consequences for the service member's (or civilian employee’s) career. Here's an overview of the typical process for adverse administrative actions in the DoD:
1. Notice of Proposed Action:
- The process typically begins with the service member receiving a Notice of Proposed Administrative Action. This document outlines the reasons for the proposed action and provides the service member an opportunity to respond. This “notice” is the bedrock of the constitutionally guaranteed “due process” that must be afforded you in every case of adverse administrative action.
2. Legal Representation:
- Service members have the right to legal representation during administrative proceedings. This may include hiring a civilian attorney, like The Veteran’s Advocate, or obtaining representation from military-provided counsel where available.
3. Response and Mitigation:
- The service member, with the assistance of legal counsel, prepares a written response to the Notice of Proposed Administrative Action. This response may include a defense against the allegations, evidence in support of the service member, and arguments for mitigation.
4. Commander's Inquiry or Legal Review:
- The service member's response is typically reviewed by the commanding officer or a legal authority within the chain of command. This review assesses the merit of the response and considers whether any mitigating factors should be taken into account.
5. Administrative Hearing (if applicable):
- In some cases, an administrative hearing or board may be convened to further assess the circumstances. The service member and their legal representative may present their case during such hearings. The attorneys at The Veteran’s Advocate call on decades of experience in presenting clients’ cases to boards, judges, juries, and various other arbiters and decision makers.
6. Decision by the Commanding Officer:
- The commanding officer, after considering the service member's response and any additional information, makes a decision regarding the proposed administrative action. This decision may involve the imposition of the adverse action, modification of the proposed action, or the withdrawal of the action.
7. Appeal Process:
- If the service member disagrees with the decision, there may be an opportunity to appeal the decision to higher military authorities. The appeal process may involve additional reviews, and the service member may present new evidence or arguments.
8. Further Legal Action:
- In some cases, if administrative remedies are exhausted and the service member believes their rights have been violated, they may consider pursuing legal action through Board for Correction of Military Record (BCMR) and/or the federal court system.
Key Considerations:
- Timeliness: It's important to respond to the Notice of Proposed Administrative Action within the specified timeframe.
- Legal Advice: Seeking legal advice and representation is crucial for a comprehensive and effective defense.
- Documentation: Gathering relevant evidence and documenting any mitigating factors is essential for a strong defense.
It's essential to note that the specific procedures and timelines can vary based on the nature of the adverse administrative action and the military service branch involved. Service members should refer to the applicable military regulations and consult with legal counsel to ensure a thorough understanding of the process and their rights.
