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San Diego Adverse Administrative Actions Attorney

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A significant part of military personnel law relates to the documentation of your actions. This documentation creates the basis for separation under conditions that may adversely affect your future in dramatic ways. While these documents are routine, you may be pressured by Command to sign these documents without reading them so they can move on to the next stage.

However, each of these actions has a “due process” element to them—that is, a requirement that before the entry into your service record book is completed and the consequences become permanent, you have a right to respond and ensure that your understanding of the facts is documented. Just as the Command may be setting you up for adverse action, this is a prime moment for you to ensure that the complete story is known and appropriately documented.

Call (760) 512-8161 to speak with the experience military lawyer of Meeks Military Law if you are concerned there are adverse administrative actions in your documentation.

What is Included in Documentation?

Documentation includes:

  • Counseling concerning the incidents of misconduct, whether or not it leads to any disciplinary actions;
  • Counseling concerning failures to be promoted due to immaturity, lack of leadership, or specific incidents that occurred during the promotion periods;
  • Counseling concerning alcohol or drug-related incidents, including the offer and refusal of rehabilitative treatment;
  • Counseling concerning failures in job performance;
  • Counseling concerning potentially disqualifying medical or psychological conditions; or
  • Adverse Fitness Reports or Performance Evaluations.

Adverse notes in your documentation could have several consequences.

Military personnel law requires:

  • Service member’s conduct and performance be documented;
  • The individual counseled concerning their deficiencies; and
  • In some situations, an opportunity is given to correct their deficiencies be given before adverse action can be taken.

Can I Respond to Adverse Actions After Documentation Has Been Filed?

When adverse information is placed into the permanent military record of a service member, the rules require that the service member is given an opportunity to make a written rebuttal to the adverse information. This opportunity is often waived, the entry becomes permanent, and the Command is permitted to move onto the next step of the administrative process uncontested.

This happens because service members waive the rights with the mistaken belief that there will be some time in the future to attack the decisions of their leaders and make their case before an impartial trier of fact.

This is not true.

The best time to begin to make your record and preserve your rights is NOW—right at the time that the adverse event occurs. It allows you to lock the facts in place and ensures that the record reflects your side. An accurate and compelling presentation of your side of the facts may assist in the presentation of your case in the present -- but most importantly will lend greater strength to any argument you make when and if an impartial trier of fact becomes involved in your case.

What should I do?

It is not unusual for a service member to write a rebuttal in haste, frequently handwritten and attached to the record. The writing is colored by emotion and the rapid pace of the process and frequently fails to adequately document the entire picture while capturing the service member’s anger and frustration at the time. Emotionally-charged words may create a picture that is not flattering to the service member or helpful to their case.

As an experienced military attorney in San Diego, I have decades of experience in preparing these types of responses. My team can assist you in accurately and professionally preparing your reply while taking precautions to protect your future and rights.

You do not have much time to create a rebuttal to adverse administrative actions. Call (760) 512-8161 today for help from an experienced military lawyer.

Why Choose Meeks Military Law?

Get the Defense You Need
  • 34 Years of Experience Defending Military Members

  • Thousands of Cases
    Successfully Handled

  • High Quality and
    Aggressive Representation

  • Clients are Kept Informed in Every Stage of Their Case