Adverse Administrative Actions

Adverse administrative actions can be career-ending events.

 

The attorneys at the Law Offices of David P. Sheldon, PLLC provide knowledgeable, experienced, strategic legal representation in every legal issue a servicemember may face whether it’s a Letter of Reprimand, a Physical Evaluation Board or a revocation of a security clearance.

 

We know how to litigate these cases and win.

"Adverse Personnel Action"

A member who receives an “adverse personnel action,” which includes letters of counseling, memoranda of reprimand, and evaluation reports, may be facing the premature end of his or her career.

Adverse personnel actions may result from command-directed investigations (e.g., “AR 15-6″), from Inspector General investigations, from non-judicial punishment (“Art. 15,” “Captain’s Mast,” “Office Hours”), or at the direction of the member’s commanding officer.

Members who are going to receive, or who have received, adverse personnel actions may challenge the action on factual and procedural grounds. Members who disagree with the action taken should utilize every procedure available to refute the allegations and/or challenge the procedures by which the adverse action was taken. Such actions can destroy a member’s career.

Challenging Adverse Action

A member may challenge an adverse action in a variety of ways according to the military department and the specific procedure used to issue the action.

In most cases, the member will be afforded an opportunity to submit a rebuttal statement along with evidence in support of his or her position.

A member also may appeal the adverse action to the Board for the Correction of Military Records. In some cases, pursuing judicial review of the adverse action is possible without first applying to the corrections board.

 

Negative consequences may be challenged.

Any negative consequences from an adverse action, such as withdrawal of advancement or promotion and/or loss of pay and benefits, may be challenged along with the adverse action itself.

Adverse actions also may result in separation proceedings against the member. Contact our firm for more information.

 

I can’t thank Attorney Sheldon enough for his work on my case in obtaining my security clearance. I was facing an administrative discharge board due to the security issue. He was able to get another review of the facts and . . . I was granted a clearance.

Now all those sleepless nights, the worries, and stress are gone. Again THANK YOU from my wife and 3 daughters.

- SSgt B.