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    Due Process Protections



    Courtesy Story

    144th Fighter Wing Public Affairs

    Adverse actions taken against military personnel are generally protected under the Privacy Act. Information regarding administrative adverse actions are considered confidential and access to such information is limited to the chain of command and those on a “need-to-know” basis. Due to the confidential nature of this information, the names of the recipients and other personally identifying information are not widely publicized to airmen in the wing. The rank of the individual, including the unit and the disposition of an alleged misconduct may be released under certain conditions, depending on the circumstances.

    Procedurally, upon an initiation of an adverse action, a member has a right to consult with defense counsel. The member also has a right to submit matters to the initiating commander for consideration. The commander then reviews the member’s submitted matters and decides whether there are factors in mitigation and/or extenuation. The commander makes a final decision as to whether the adverse action should stand. If the misconduct is unfounded, the commander may decide to downgrade the level/severity of the adverse action (i.e. from a letter of reprimand to a letter of counseling) or withdraw the action entirely, if the circumstances warrant such an action.

    The military justice process affords many protections to service-members. Members facing disciplinary action are entitled to due process and the opportunity to consult with defense counsel.
    Commanders are required to maintain good order and discipline of their units through the use of quality force management tools, such as letters of counseling, reprimand, admonition, non-judicial punishment, etc.

    The due process rights of the individual members are carefully balanced with the commanders’ objectives of good order and discipline.

    Our system has built-in protections to ensure this balance is maintained, and that the best interests of the Air Force and the Air National Guard are served through the use of the appropriate grievance channels.



    Date Taken: 09.06.2019
    Date Posted: 12.02.2019 13:57
    Story ID: 352703
    Location: CA, US

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