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Adverse Administrative Actions

Providing Aggressive Defense For Military Members

While serving in any branch of the armed forces, even an allegation of wrongdoing can lead to an adverse administrative action that can put your military career and reputation on the line. From reprimands to administrative separations, the stakes are high and the negative impact can leave you feeling overwhelmed and uncertain about your fate. It is in your best interest to call John Malek Law Group early in the process.

At John Malek Law Group, we defend service members against all adverse actions. We understand how damaging an adverse action can be, which is why we aggressively pursue justice to prevent such actions from impacting your career. No matter the circumstances of your situation, you can take comfort in knowing Attorney John Malek will provide you with all the resources and guidance necessary to achieve the best possible outcome. Our firm serves military members across the globe. It all starts with reaching out to us for a free confidential initial consultation to discuss your case.

Call us at (208) 747-0053 or complete our online form for a confidential consultation to discuss your adverse administrative action with John Malek Law Group.

What Are Adverse Administrative Actions?

If a military member fails to maintain standards or is in violation of the UCMJ, they may be subject to adverse administrative action (also known as administrative discipline or adverse personnel action). A commanding officer, or supervisor, has the authority to take such actions for misconduct that isn’t a criminal offense and doesn’t constitute a more dire action such as an Article 15 or court-martial.

Adverse administrative actions can vary in severity and can prematurely end your military career, even if it was not the intent of your commander. These actions are put in writing and presented to you, the military member. If you receive administrative paperwork, you have the opportunity to challenge the action.

Types of administrative actions:

  • Letter of Counseling: The least severe administrative action, this is a letter that documents the infraction you are accused of and serves as a warning to correct unacceptable behavior. If the behavior continues, you may risk receiving additional elevated administrative paperwork.
  • Letter of Admonishment: The second tier of administrative action, this is a more serious warning and documentation used to correct unacceptable behavior. Further misbehavior may lead to additional elevated administrative paperwork.
  • Letter of Reprimand: A more severe administrative action, this paperwork most likely will become part of your personal information file and has the potential to be career changing.
  • Administrative Reduction in Rank: Given at the discretion of your commanding officer, this form of punishment can demote your rank to a lower pay grade.
  • Nonjudicial Punishment: NJP is an administrative punishment issued by a commanding officer toward a service member that committed a violation of the UCMJ. NJP allows the commander to determine punishment for misconduct and may result in actions such as: reduction of rank, loss of pay, restriction, and extra duty. You have additional rights and processing with this type of administrative action.
  • Administrative Discharge: This action can end your military career. This is a notification from your commander that they are recommending you be separated from the armed forces. You will have an opportunity to respond to the commander and present evidence on your behalf.

Legal Representation for Military Adverse Actions

Adverse administrative actions can be intimidating; however, there are ways you can effectively respond. You will be allowed the opportunity to provide a rebuttal statement, and with the help of a knowledgeable attorney, you can properly address the situation and achieve the best possible outcome.

Attorney John Malek is a prior active duty JAG officer, who spent the majority of his career specializing in all levels of administrative actions. He has done and seen it all. Since his time on active duty, Attorney John Malek has devoted his efforts exclusively to defending service members in situations facing administrative action, Attorney John Malek is not afraid to duke it out on your behalf to protect your reputation, career and future. While no specific outcome can be guaranteed, the chances of a favorable outcome increase greatly with his knowledge, unique perspective, and experience on your side.

Contact John Malek Law Group today at (208) 747-0053 or complete our online formto schedule a confidential consultation with our adverse administrative action attorney.