Adverse Administrative Actions covers a wide range of military legal actions including the issuance of adverse actions such as GOMORs, NJP, revocation of security clearances, to a variety of boards, both centralized and local, to promotion and retirement boards,  Additionally, these Adverse Administrative Actions covers administrative investigations and affirmative administrative actions. Virtually all actions outside of military justice and courts-martial will fall in the category of Adverse Administrative Actions.  This webpage provides and overview of these type of administrative actions.

 

Administrative Responses, Rebuttals, and Appeals to Adverse Administrative Actions.

Administrative Responses, Rebuttals, and Appeals relating to adverse administrative actions include the following legal matters: rebuttals to administrative separations utilizing the notification procedure oftentimes call “chapter actions” usually involving Soldiers with less than six (6) years of military service and where the characterization of service will either be Honorable or under Honorable conditions; rebuttals to the filing of “findings of adverse information” resulting from administrative investigations into the Army Adverse Information Program (AAIP) database;

 appeal to the Army Personnel Security Appeals Board (PSAB) seeking reinstatement of a Soldier’s security clearance; rebuttals to bars to installation access (U.S. military bases) by otherwise authorized civilian personnel in Germany; appeals of CID titling decisions and entry into criminal records databases maintained by the U.S. Army and Department of Defense; hearings before the Defense Office of Hearings and Appeals (DOHA) appealing the revocation of a Soldier’s security clearance; Integrated Disability Evaluation System (IDES) appeals, including Medical Evaluation Boards (MEBs) and Physical Evaluation Boards (PEBs); rebuttals and appeals of referred evaluations (OERs and NCOERs) including subpar ratings and relief for cause (RFC) evaluations; General Officer Memorandum of Reprimand (GOMOR) rebuttals; labor and employment adverse administrative actions including demotions, suspensions, and terminations of employment of civilian personnel; nonjudicial punishment hearings, also known as “second readings,” where Soldiers deny misconduct and are authorized a spokesperson (military lawyer) in a hearing before their commander; nonjudicial punishment appeals to “higher headquarters” after findings of guilt at an Article 15 hearing; rebuttals to the Qualitative Management Program (QMP) decisions to separate NCOs without an in-person board known as “QMP Boards” (paper proceeding only); responses to Letters of Intent (LOI) to revoke and Statement of Reasons (SOR) for revocation in security clearance revocation proceedings; and the appeal of Letters of Revocation (LOR) revoking a Soldier’s security clearance.  The military lawyers at the Law Office of Will M. Helixon have decades of experience while on active duty working with commanders on these issues, as well as representing Soldiers with such matters, both as uniformed military lawyers and civilian defense counsel.

Administrative Investigations Leading to Adverse Administrative Actions.

Administrative Investigations are U.S. Army investigations into potential Soldier misconduct that often leads to adverse administrative actions, and in some circumstances, trial by courts-martial. Almost all of these administrative investigations are command directed investigations meaning they are appointed by commanders to conduct an inquiry into specific allegations of misconduct, wrongdoing, or command climate of Soldiers and leaders. 

These Administrative Investigations include the following types of investigations: Administrative Investigations conducted by an Investigating Officer appointed pursuant to AR 15-6; investigations by a Board of Officers pursuant to AR 15-6; collateral investigation conducted in conjunction with other investigation in accordance with AR 15-6; Commander’s Inquiries conduct pursuant to Rule for Court-Martial Rule 303; Equal Opportunity investigations conducted pursuant to AR 600-20, chapter 6; Financial Liability Investigation of Property Loss (FLIPL) conducted according to AR 735-5, chapter 13; Inspector General (IG) Investigations pursuant to AR 20-1; Line of Duty Investigations directed by AR 600-8-4; Safety and Accident Investigations conducted in accordance with AR 385-10; preliminary inquiries similar to Commander’s Inquiries conducted pursuant to AR 15-6; and Sexual Harassment/Assault Response and Prevention (SHARP) investigations conducted as directed in 10 USC § 1561, DoD Instruction 1020.03, and AR 600–20. If you are a subject (or witness) in any of these administrative investigations that could lead to adverse administrative actions, call the Law Office of Will M. Helixon today to understand your rights, and get the protection you need to prevent subsequent adverse actions such as nonjudicial punishment, a GOMOR, a QMP Board, revocation of your security clearance, or involuntary separation by an ADSEP Board or Board of Inquiry.

Affirmative Adverse Administrative Actions.

Affirmative Adverse Administrative Actions are tools utilized by a Soldier to seek answers to pending legal questions and motivate members of the command to take action.  While these actions are not “adverse” to the Soldier filing them, the certainly are “adverse” to the individual regarding whom they are filed.  These actions seek to cause the command or other Soldiers to act in an efforts to solve perceived grievance on behalf of the Soldier filing them,  These Affirmative Adverse Administrative Actions include the following: Complaints submitted by Soldiers pursuant to Article 138, UCMJ, seeking redress for alleged wrongs committed by their commanding officer; Article 139, UCMJ, Claims allows commanders to investigate allegations of a wrongful taking or willful damage to property by Soldiers, and in some circumstances, the Article 139 claims process allows a commander to direct the Finance Office to pay a victim from the wrongdoer’s pay; Congressional Inquires are complaints submitted by Soldiers to their Congressman asking them to help them with a matter involving them and/or the U.S. Army or the Department of the Defense (DoD); and Inspector General (IG) Complaints wherein all Soldiers have the right to present complaints, grievances, or requests for assistance to the Inspector General (IG), for among other reasons, including what Soldiers reasonably believe evidences are fraud, waste, and abuse. If you are planning on submitting one of these affirmative administrative actions, call the Law Office of Will M. Helixon for advice on how to best proceed.

Centralized Administrative Boards – Adverse Administrative Action.

Adverse administrative actions known as centralized administrative boards are Army centralized boards where Soldiers can usually submit written matters for consideration at the board seeking review of an otherwise adverse action taken previously against the Soldier or currently pending against the Soldier.  In almost all cases, these are “paper” boards and the Soldier does not have the right of personal appearance.  These centralized administrative boards include the following: the Army Board of Correction for Military Records (ABCMR) where a Soldier can appeal to have any adverse administrative record reviewed and changed or deleted from their file (a Soldier can request personal appearance but the board ultimately decides of personal appearance is required to resolve the issues); the Army Personnel Security Appeals Board (PSAB) that reviews appeals of revocation of Soldier’s security clearance; the Army Discharge Review Board (ADRB) where the Soldier can petition for review of their administrative discharge and to change the characterization of service and/or the reason for discharge based on the standards of equity and propriety; the Army Ad Hoc Board is a special advisory board created to review cases and advise the Deputy Assistant Secretary of the Army (Review Boards) (DASA(RB)) where no statutory or regulatory board is required on officers separations; the Active-Duty Board that reviews cases of Reserve officers serving on active duty whose chains of command have recommended them for release from active duty based on misconduct or substandard performance; the Army Board of Review (BOR) for Eliminations that reviews all local Boards of Inquiry decisions to separate officers; the Army Clemency and Parole Board (ACPB) that makes parole decisions for prisoners in DoD correctional facilities; the Army Disability Rating Review Board (ADRRB) that review disability ratings of zero percent upon discharge; the Army Physical Disability Appeal Board (APDB); the two Army Special Review Boards for review evaluation appeals (one for NCOERs and the other for OERs); the DA Suitability and Evaluation Board (DASEB) that reviews whether records should remain in a Soldier’s official files (AMHRR); the DA Conscientious Objector Review Board (DACORB) pursuant to AR 600-43; the Defense Office of Hearings and Appeals (DOHA) that conducts hearings before an administrative judge to review decisions to revoke a Soldier’s security clearance; the newly created DoD Discharge Appeal Review Board (DARB) that reviews the service component Boards of Correction for Military Records decisions; and the DoD Physical Disability Board of Review (PDBR).  If you are a Respondent to any of these boards, or have a matter that is pending before them, contact the Law Office of Will M. Helixon to determine the best course of action in responding and providing materials to support a positive outcome.

Local Administrative Boards with Personal Appearance – Adverse Administrative Action.

Adverse administrative actions in the form of local administrative boards are convened at the local installation and Soldiers have the right to appear before these boards and advocate their cases.  These local boards include the following: the Administrative Reduction Board that determines whether an enlisted Soldier should be permitted to continue service in their current rank or grade; the Administrative Separation Board (ADSEP Board) that determines whether an enlisted Soldier should be separated from the Army, and if so, with what characterization of service; the Board of Inquiry (BOI) or otherwise known as a “Show Cause Board” that determines whether an officer Soldier should be separated from the Army, and if so, with what characterization of service; and the De-Credentialing Board (MTF Licensing & Credentialing) that reviews whether a health care provider should maintain their licensing credentials to practice at the local Military Treatment Facility after a recommendation by the peer review committee.  These local board can adversely affect a Soldier’s career and continued service in the Army.  If you are facing one of these boards, contact the Law Office of Will M. Helixon immediately to determine your rights and secure the best representation possible to achieve positive results at the board hearing.

Adverse Administrative Actions in Selection (Promotion) & Retirement Boards.

The selection or promotion and retirement boards seem like adverse administrative actions when a Soldier is not selected for promotion or it is recommended that they are removed from the promotion list.  There are several boards that govern the selection for promotion, the maintenance of that promotable status, and retirement in the current rank and grade. While these boards do not affect a Soldiers continued service in the Army, they have direct impacts on promotions and retirements, and include: the Army Grade Determination Review Board (AGDRB) where the board determines at what grade the officer last served honorably and retires the officer at that grade; the Army Promotion Review Board (PRB), now effectively replaced by the Special Selection Review Board (SSRB), that determines whether an officer selected for promotion by a Selection Board should be promoted to that new rank; the Selection Boards that serve as the Army’s promotion boards and makes recommendations for promotions; and Special Selection Boards (SSB) that are convened when an officer is not selected for promotion but has demonstrated that they had an error or justification warranting a “re-look” at promotion.  For all of these promotion and retirement boards, Soldiers are permitted to submit matters, whether it is a letter to the President of a selection board, or matters rebutting a decision to remove them from the promotion list. If you are facing a promotion board, a promotion review board, or a grade determination review board, you should contact the military lawyers at the Law Office of Will M. Helixon to develop the best strategy to get promoted and keep your hard earned promotion and rank upon retirement.

How can the Law Office of Will M. Helixon Assist a Soldier Facing an Adverse Administrative Action?

In most Adverse Administrative Actions, there is always some degree of due process.  Whether it is being provided notice of a board hearing and the right to personal appearance where they can cross-examine witnesses, or whether the Soldier is limited to reviewing the evidence against them and providing a written response, an adverse administrative action will not take place without any notice to the Soldier.  When faced with an action that could result in an involuntary separation, the filing of “bad paper” in one’s official file (AMHRR), or reduction in rank, it is critical that the Soldier seek the sound advice of experienced military lawyers.  At the Law Office of Will M. Helixon we stand ready to apply our years of collective experience in responding to your Adverse Administrative Action to assist you in developing a fact specific and carefully tailored response to your situation.  Knowing how to respond is what we do, day in and day out. If you want an experienced, dedicated, military attorney, who has decades of experience working on military law issues including handling Adverse Administrative Actions, contact one of the military lawyers at the Law Office of Will M. Helixon for an immediate consultation.  We will analyze your case, and develop the best possible response to keep you in the Army at your current rank with your continued entitlements and benefits of military service.  When your retirement, worth millions of dollars over your lifetime, is on the line, don’t gamble on your legal representation.  Call the Law Office of Will M. Helixon today.  Will M. Helixon and John Caulwell, with over 45 years of combined military experience, are ready to assist you today.  We will develop a strategy to keep you in the fight, and serve our nation, until you decide it is time to retire.  Control your own destiny.  Call us today.

More about the Law Office of Will M. Helixon

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters including Nonjudicial Punishment, Administrative Separation Boards, and Boards of Inquiry, and legal assistance matters, including rebutting GOMORs, responding to QMP Boards, fighting attempts to revoke Soldier’s security clearances, and submitting matters for the correction of military records.  The firm also assists officers navigate the minefield of findings of adverse information (AAIP) in AR 15-6 Investigations (command directed investigations), Selection Boards (Promotion Boards), Special Selection Boards, and Special Selection Review Boards (SSRB).  No longer in Kansas City, the firm now has European offices physically located in Vilseck, Germany and in Wiesbaden, Germany.  Call us today to assist with your legal issue in Europe, Germany, or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.