National Guard & Reserve Enlisted Administrative Actions Lawyer
It is an extremely tense and intimidating time when you feel that you are being investigated or you face an adverse administrative proceeding. You should not underestimate the possibility that unfavorable actions against you are unjustified. You should also have confidence that a zealous advocate on your behalf can resolve the situation in your favor, or at least get you the best outcome possible.
In many types of administrative actions, you are often eligible for a military assigned lawyer, but you always have the right to hire private counsel to represent you. Separation boards, Article 15s, and discharge upgrades deserve the same determined advocacy as a homicide court-martial. Ensure that your lawyer has experience across the spectrum of military legal matters. Call Citizen Soldier Law for advice and representation from a former JAG lawyer who has prosecuted and defended military matters around the world and served as Senior Defense Counsel for the Rhode Island, Connecticut and New Jersey Army National Guards. Don’t submit to discipline for alleged misconduct until you have discussed your case with a skilled, knowledgeable and experienced military lawyer at Citizen Soldier Law.
Passionate advocacy across the spectrum of National Guard and Reserve enlisted administrative actions
Before you can be reduced in grade for misconduct, inefficiency or other cause, you’ll go through an adverse administrative or judicial proceeding. You’ll have the right to consult with an attorney of your choosing, and you may additionally have the opportunity to present your case before a convened board. Citizen Soldier Law is here for you in any National Guard or Reserve enlisted Soldier administrative action across the county.
Letter of Reprimand (LOR) – Also known as a memorandum of reprimand (MOR), a LOR is sometimes used by commanders who believe a Soldier’s conduct has fallen below military standards. A LOR can be filed in your Military Personnel Records Jacket or your Official Military Personnel File, and it can stay there for three years or until reassignment to another general court-martial jurisdiction. You have the right an attorney when a Letter of Reprimand is issued. You also have the right to comment, rebut or respond to the reprimand and have your response added to the LOR in your jacket or personnel file. We can help you challenge a LOR or craft an appropriate response.
Involuntary Separation – Under AR 135-178, Army National Guard and Army Reserve enlisted Soldiers can be separated from service for a positive drug test, unsatisfactory performance, misconduct, fraudulent enlistment, and a host of other reasons. Depending on factors such as your rank, years of service, the reason for separation, and whether the discharge is to be honorable or other than honorable, you may be entitled to a hearing before an administrative separation board or board of inquiry. This board is a formal hearing before a panel of officers that is conducted similarly to a civilian trial. You have rights in this process. We’ll make sure you are treated fairly and have the opportunity to present your best defense.
Article 15 Hearing – An Article 15 hearing is a military option available to commanders. It is a form of nonjudicial punishment used by commanders to resolve allegations involving minor misconduct. The commander hears evidence, decides guilt or innocence, and imposes punishment. Article 15 hearings may be Summarized, Company Grade or Field Grade, and punishments can range from extra duty or restriction to oral reprimand or admonition, forfeiture of base pay, and reduction in rank.
We can consult with you before your Article 15 hearing and advise you appropriately. You also have the option to refuse an Article 15 and request a court-martial instead. We can consult with you on this strategy and advise you on your options. We can also assist you in an appeal to the next higher commander.
Other matters – Contact our office for assistance in any enlisted Soldier administrative action, including AR 600-8-19 reduction boards, discharge upgrades, disability compensation increases or correction of military record. From reprimands to summary court-martials and appeals, Citizen Soldier Law is here to represent and defend you.
Help with National Guard and Reserve Enlisted Administrative Actions Nationwide
Your National Guard or Reserve service is more than a point of pride; it’s your career and your future, and it deserves protection. For practical advice and professional representation in any National Guard or Reserve enlisted administrative action nationwide, call Citizen Soldier Law at 973-937-6010.