Military Administrative Appeals

“That‘s the best damn rebuttal I’ve read in 26 years.” – Commander, USMC

Adverse administrative actions can severely damage a service member’s military record and affect their potential for reenlistment, promotion, billet, duty station, and overall career advancement. Such adverse actions may include 6105 entries, Letters of Reprimand/Counseling, General Officer Memorandums of Reprimand (GOMOR), adverse fitness reports, referred/referral performance evaluations, Relief for Cause packages, Article 15 (nonjudicial) punishments, administrative demotions, and titling actions, to name a few.

Regardless of the specific administrative action involved, our military justice attorneys are experienced in helping service members appropriately respond to and, if necessary, appeal adverse administrative actions. Contact our military lawyers now to learn more.

What Are Military Administrative Appeals?

Military administrative appeals are formal processes that allow service members to challenge adverse administrative actions or decisions made by their command or military authorities. These decisions may include administrative separations, unfavorable performance evaluations, denials of promotion, or revocation of security clearances. The appeals process is designed to ensure fairness, transparency, and adherence to regulations while giving service members an opportunity to present evidence, arguments, or mitigating factors to reverse or modify the original decision.

How Does the Military Administrative Appeals Process Work?

The process typically begins with the service member submitting an appeal to the appropriate authority. The appeal may include a detailed explanation of the issue, relevant evidence, and any supporting documentation. Once the appeal is submitted, it undergoes a review process that may involve legal analysis, witness statements, or expert opinions. In some cases, the service member may be granted a hearing to present their case in person. After the review, the board or authority issues a decision, which could affirm, modify, or overturn the original ruling.

What is the Role of Legal Representation in Military Administrative Appeals?

Legal representation can be critical in military administrative appeals, as the process often involves complex regulations and legal standards. Attorneys can help service members navigate the system, draft persuasive appeals, and gather the necessary evidence to support their case. In addition, they can provide guidance on the applicable regulations, prepare for hearings, and advocate on behalf of the service member during oral arguments. While legal representation is not always mandatory, having an experienced advocate significantly increases the chances of a successful appeal.

What is the Timeline for Filing a Military Administrative Appeal?

Timelines for filing military administrative appeals vary depending on the issue and the governing regulations. Some appeals, such as those related to Article 15 punishments or performance evaluations, have extremely short deadlines, sometimes as little as a few days or weeks. Service members must act promptly to ensure their appeal is submitted on time. A service member should consider requesting an extension where helpful. 

What Are the Possible Outcomes of a Military Administrative Appeal?

The outcomes of military administrative appeals vary depending on the issue and the decision-making authority. Possible results include the full reversal of the adverse action, modification of the original decision, or denial of the appeal, leaving the original decision unchanged. In some cases, the reviewing authority may recommend corrective actions, such as reinstatement, expungement of records, setting aside of a punishment, or even financial reimbursement. If an appeal is denied, service members may have the option to escalate their case to higher authorities or seek judicial review in federal court.

What are the Common Challenges Faced During the Appeals Process?

One of the most common challenges is gathering sufficient evidence to support the appeal. This may include locating records, obtaining witness statements, or providing expert testimony. Another challenge is understanding the procedural requirements and ensuring compliance with deadlines and documentation standards. Service members may also face emotional stress, particularly if the appeal involves a significant career impact, such as an unfavorable discharge or denied promotion. Overcoming these challenges often requires careful planning, attention to detail, and, in many cases, professional legal assistance.