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How to Challenge a Letter of Counseling

Submitting an Appeal or Rebuttal

For Personal Letter format, see AFH 33-337 Tongue and Quill.

See AFI 36-2907, Unfavorable Information File (UIF) Program for more information.

The term commonly used to describe the response to the LOC, the rebuttal, implies a strong negative response or argument. But a "rebuttal" is really nothing more than a written reply. The response provided by the receiver of an LOC or other administrative reprimand should be called an LOC Response or an LOC Answer. Because that's what it is. Just as the LOC is an attempt to communicate with the receiver, so also is the "rebuttal" an effort to communicate with the sender and provide clarification. Often the rebuttal is in 100% agreement with the LOC. Sometimes it refutes some of the accusations by providing previously unknown information. But, whatever the case, you should not let the perceived seriousness that the term, rebuttal, suggests stop you from providing one.

Letters of Counseling, in most cases, are well deserved. The Air Force, in general isn't out to "get" anyone. If you received a letter of counseling, give some serious consideration to the idea that you may have deserved it before challenging it and going up the chain of command. Is it worth it? An LOC is really just a slap on the wrist and usually won't affect your career. However, if you believe you have been the victim of unfair treatment or a misunderstanding, the Air Force provides avenues of redress. And if you received an LOC unfairly, you should rebut it. It's your right to provide an answer to the charges and if you don't, it will be assumed by anyone with knowledge of the LOC, that is was fairly administered and that you agree with it. Normally, when you receive a letter of counseling, the form has a line that you mark yes or no as to whether you intend to submit any paperwork in your defense. Check yes. If you didn't check yes initially, but you changed your mind and now want to submit something, you can. After all, this isn't the USSR. But any paperwork submitted must be submitted in a timely manner, generally within 3 days of receipt of the LOC.

Below is an example of a rebuttal. Use the personal letter format and since it may become part of your formal records, make sure you date and sign it. The overall tone must be civil and considerate. Not only will your supervisor read it but the Commander and his staff and your future supervisors may read it as well. Our goal is to be persuasive. The first paragraph should be positive. Start off with a compliment. "I appreciate the opportunity to answer the charges against me and would like to express my thanks for the consideration shown me by my supervisor and the squadron" or something similar.

In the second paragraph, explain the situation in detail but as clearly and succinctly as possible. No one has time to read two or three type-written pages. Strike a neutral tone and state the facts that led up to the LOC. Then explain why you think the LOC was unfair or why it wasn't warranted.

In the final paragraph, call attention to your positive record. If you've been in the Air Force for four years without receiving any kind of disciplinary action, say so. If you have been in trouble in the past, avoid mentioning that and concentrate on some other positive accomplishment. Mention your involvement in the Honor Guard or Meals On Wheels, etc. Be polite but firm. Mention the IG in a positive way. Don't accuse the person who wrote the LOC of lying and threaten to go to the IG. Just mention the IG in a polite way to let the reader know that you're considering a visit to the IG. Use the last paragraph for closing comments. This will likely be the only time that you'll be invited to state your opinion on this matter so make sure everything you want to say is addressed. Let a friend proofread it to see if it's understandable to a stranger

Make two copies and keep one for your records. Give the original to the supervisor who gave you the LOC or his representative.

It's your right to go to the Inspector General's office on your base if you feel that you've been unfairly treated. If you intend to visit the IG, you should make every effort to let your supervisor know and give him or her a chance to withdraw the LOC before you go. Normally, if you indicate in your answer that you're considering going to the IG, the LOC will receive serious review and be withdrawn if it isn't fully supportable.

Letter of Counseling Rebuttal

A Direct Approach

MEMO FOR 1922nd CS/CCF

SUBJECT: Letter of Counseling Response, SSgt Moebius Traum

To whom it may concern,

My name is SSgt Moebius Traum. I work in the SCMM section and would like to address an LOC I recently received. I appreciate the opportunity to present my side of the story and would like to express my thanks for the consideration shown me by my supervisor and the squadron.

On 22 July 08, when I reported to work as scheduled, MSgt Lewis called me into his office and presented me with a Letter of Counseling for Failure to Go. He believed that I was scheduled to work on 21 July 08 and that I did not show up for work. On the schedule I had, dated 18 July 08, I was not scheduled to work that day. The schedule was changed while I was on leave and no one gave me a copy or notified me that the schedule had changed and that I was scheduled to work. For that reason, I don't believe I should receive a Letter of Counseling.

I have been an Air Force member for over 4 years and have always worked hard to comply with all regulations and support my squadron. I have a good record and this is the first disciplinary action I have ever received. I request that the decision to present this LOC be reconsidered based on the fact that I did not willfully violate any order or instruction. Further, I request an audience with the First Sergeant to determine if this situation warrants attention by the Inspector General's office.

Sincerely,

SSgt Moebius Traum, USAF

Letter of Counseling Rebuttal

A More Conciliatory Approach

MEMO FOR 1922nd CS/CCF

SUBJECT: Letter of Counseling Response, SSgt Phillip Traum

To whom it may concern,

My name is SSgt Phillip Traum and I am writing in response to a Letter of Counseling I received on 22 July 08. I would like to thank MSgt Johnson for the opportunity to respond to this incident.

On 21 July 08, I did not show up for work as scheduled. On the schedule I had, dated 18 July 08, I was not scheduled to work that day. The schedule was changed while I was on leave and I forgot to check with the workcenter on my return to see if there was any schedule changes. We have a standing policy to check with the workcenter on return from leave and I admit that I failed to do so. I didn't expect that there would be any changes and I was wrong.

I have been an Air Force member for over 4 years and have always worked hard to comply with all regulations and support my squadron. I have been active on the squadron baseball team and have volunteered for numerous squadron activities. Although I technically did violate workcenter policy, I believe I was complying with the spirit of its intent and only made a mistake. I value my reputation and my record and don't want to see it marred by this single act. I regret my actions and request that the decision to present this LOC be reconsidered based on my promise to adhere to all instructions in the future.

Sincerely,

SSgt Phillip Traum, USAF

Letter of Counseling Rebuttal

The Make-Them-Sorry-They-Ever-Gave-You-an-LOC Approach

MEMO FOR 1922nd CS/CCF

SUBJECT: Letter of Counseling Response, SSgt Moebius Traum

To whom it may concern,

Although I am not contesting the LOC received on 22 Jul 08, in the interest of clarification, I’d like to submit the following additional information.

On 22 July 08, when I reported to work as (I understood myself to be) scheduled, MSgt Lewis called me into his office and presented me with a Letter of Counseling for Failure to Go. He believed that I was scheduled to work on 21 July 08 and that I did not show up for work. On the schedule I had, dated 18 July 08, I was not scheduled to work that day. The schedule was changed while I was on leave and no one notified me of the schedule change. I did not intentionally fail to report for work. The unmanned shift was as much a product of a frequently changing schedule as inattentiveness on my part. In fact, over the past two months, there have been at least four instances of shift workers reporting for work on the wrong day or not at all because of frequent schedule changes in response to unscheduled leaves, short-notice TDYs, management changes, and a failure to communicate those changes to all shift workers. And, as of today, there are three different versions of the schedule posted in the workcenter which adds to the confusion.

It should be noted that I am the only recipient of an LOC although several co-workers have also inadvertently failed to show up for work because of unnoticed schedule changes. In addition, my failure to show up for work would not have been the issue it was if the other Airman who was scheduled to work had actually been there instead of fishing with the NCOIC. I have been in the Air Force for over 5 years and at both previous duty stations I did not miss a single day of work and was rarely late. These facts suggest that the working environment and workcenter supervision may be contributing factors to this on-going problem. As a gesture of my desire to improve my performance and make sure this does not happen again, I request the participation of my supervisor, our NCOIC, and the First Sergeant in analyzing the cause of and developing possible solutions to this chronic problem so that future occurrences may be avoided.

Very Respectfully,

SSgt Moebius Traum, USAF

Letter of Counseling Rebuttal

Response to Room Inspection LOC

MEMO FOR

SUBJECT: Letter of Counseling Response, A1C Shammy Wow

To whom it may concern,

My name is A1C Shammy Wow. I work as an avionics specialist and would like to address an LOC I recently received. I appreciate the opportunity to present my side of the story and would like to express my thanks for the consideration shown me by my supervisor and the squadron.

On 11 March 2010, I was suddenly awoken, unsure of who was at the door and blinded by the morning sunlight as I opened it. I asked for a moment to compose myself and to assess the situation in an informal manner. In no way was I disrespectful and spoke out as I would speak out to anyone who suddenly awoke me. In my confused state and without properly inspecting my room judgement was passed based upon a piece of garbage that was too large to fit in my trashcan and had been left by the door that morning before I fell asleep; waiting to be taken out when I awoke later that day. That alone should not have been reason to fail me on my room inspection and consideration due to the fact that the rest of the room was clean and the intention of properly disposing of this article recognized. For that reason I don't beleive I should have received a Letter of Counceling.

Sincerely,

A1C Shammy Wow, USAF

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