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How to Respond to a Letter of Counseling
Submitting an Appeal or Rebuttal
Reference Publications
The Tongue and Quill Official Memorandum example Local Copy
AFI 36-2907, Unfavorable Information File (UIF) Program Local Copy
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 to have it thrown out. Is it worth it? An LOC is really just a slap on the wrist and usually won't affect anyone's 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 a response to the action and if you don't, it will be assumed by anyone with knowledge of the LOC, that it 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 later 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. When you submit a response or rebuttal, it is required to be attached to or stored with the LOC as long as the LOC exists.
Below is an example of a rebuttal. Use the personal letter or official memorandum format and since it will 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. The goal is to be persuasive. The first paragraph should be positive. Start off with a positive statement such as "I appreciate the opportunity to respond to the letter of counseling received on 1 April 11 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 briefly 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 wasn't deserved or provide previously unknown information.
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.
Mention the IG in a positive way. Don't threaten to go to the IG if the LOC isn't withdrawn. That will just make the situation worse. Just mention the IG in a polite way to let the reader know that you're aware of your options and resources. Something like I am committed to my career and the Air Force and want to make every effort to improve my performance. To that end, I will make an appointment with the Area Defense Counsel to ensure I understand my responsibilities on and off-duty. Supervisors know that LOCs must be administered fairly and that the IG will force them to withdraw it if it is not. A smart NCO will drop the issue and throw the LOC away if it isn't fully justified. Because there are few things as embarrassing for a supervisor as being identified as a bully and being forced to retract the LOC by his troop. And it does happen.
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 make sure 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.
SAMPLE LOR/LOA/LOC RESPONSE
MEMORANDUM FOR (PERSON WHO ISSUED YOU LOR/LOA/LOC)
FROM: (Your rank and name)
SUBJECT: Response to (Letter of Reprimand, Letter of Admonishment, Letter of Counseling)
1. I have consulted with my appointed defense counsel, Capt ____________, concerning the (LOR, LOA, LOC) dated ____________ and ask that you consider the following response when making your decision (to maintain the LOR/LOA/LOC, to file in UIF/CR, to withdraw the LOR/LOA/LOC).
2. (Facts and circumstances surrounding the incident--what happened, how it happened, why it happened. Discuss all the relevant facts and be as detailed as possible).
3. Explanation of your guilt or innocence--if you're guilty explain why you did it and apologize for your mistake. Also explain what you can do to resolve the behavior so it does not happen in the future. If you're innocent, explain why there's a misunderstanding.
4. Duty performance--summarize your contributions to the unit and the Air Force. If you've received any awards or outstanding evaluations, discuss and attach them for the commander's review. If you have any character statements from fellow employees or supervisors, attach them also. Review you PIF and personal files for any positive information and include it.
5. Thank the person who gave you the LOR/LOA/LOC for their time and consideration given to your response. Ask that your response be filed along with the LOR/LOA/LOC if the LOR/LOA/LOC is filed in your personnel files.
Respectfully submitted,
YOUR NAME, Rank, USAF
More Examples:
Rebuttal Example 1 Security Clearance Review
Rebuttal Example 2 Fitness Assessment No Show
Rebuttal Example 3 A Direct Approach
Rebuttal Example 4 A Conciliatory Approach
Rebuttal Example 5 Make Them Sorry They Ever Gave You an LOC
Rebuttal Example 6 Response to Room Inspection LOC
Rebuttal Example 7 Response to PDI Late Reporting LOR
Rebuttal Example 8 Response to LOR for Failure to Report
Rebuttal Example 9 LOC Rebuttal for Missed Appointment
Rebuttal Example 10 LOR Rebuttal for PT Failure
Rebuttal Example 11 LOR Rebuttal for Missing from Place of Work
Rebuttal Example 12 Rebuttal to LOC for Not Following Orders
Rebuttal Example 13 LOC Rebuttal for PT Failure
Rebuttal Example 14 LOC Rebuttal for Failure to Go
Rebuttal Example 15 Rebuttal to LOC for Not Following Orders
Rebuttal Example 16 Explanation of Behavior Related to MST
Rebuttal Example 17 Response to LOC for Not Following Directions