CDI Appeal

September 21, 2024

How do you appeal a CDI (Commander Directed Investigation) in the Air Force?

A CDI (Commander Directed Investigation) in the Air Force is a Commander's primary tool to conduct investigations when an allegation/situation is not within the purview of OSI/Security Forces. The CDI (Commander Directed Investigation) process is explained in detail at this link.

After a CDI and any adverse action (such a LOA/LOC/LOR/Article 15) are completed, most Airmen and women do not realize that a CDI can still be appealed. CDI Appeals are governed by DAFMAN1-101, paragraph 7.4. Paragraph 7.4 reads as follows:

"CDIs are a function of command, and requests for reconsideration are likewise the responsibility of the chain of command. Simply disagreeing with the findings or with the command action taken in response to the findings is not sufficient reason to justify a higher-level review or additional investigation. It is the requestor’s responsibility to provide new and compelling information, including specific reasons why they believe the original complaint resolution was not valid or adequate, that justifies a higher-level review on previously considered issues. Requests for reconsideration should be addressed to the initiating commander and thereafter the next echelon of command. Military members may apply to the Air Force Board for Correction of Military Records pursuant to AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR) for relief. Military members may also be able to use Article 138, UCMJ, to request redress from the commander and General Court-Martial Convening Authority (see AFI 51-505, Complaints of Wrongs Under Article 138, Uniform Code of Military Justice). Civilians’ response to disciplinary or adverse action as result of a CDI is governed by AFI 36-704, Discipline and Adverse Actions of Civilian Employees."

As the paragraph clearly states, a CDI Appeal should be addressed to the initiating Commander, or higher levels of Commanders in the same chain. Additionally, a CDI appeal can be sent to the Air Force Board for Corrections using a DD Form 149. Finally, a CDI appeal can be elevated to the General Officer level by using Article 138 of the UCMJ.

A CDI Appeal must be accompanied with "new and compelling information." Character evidence, while helpful, is not enough to justify submitting a CDI Appeal. New and compelling evidence could include: sworn statements, text messages, emails, photos, videos, polygraph reports, and more.

One might wonder why a CDI would be helpful. If an Airman/woman received an adverse action resulting from a CDI (Commander Directed Investigation), then successfully challenging the CDI itself would assist with a subsequent appeal to the adverse action that resulted (i.e. LOA, LOC, LOR, Article 15). Additionally, if the subject of a CDI was an Officer, any adverse finding will be kept in a database that is checked by future promotion boards. A successful CDI appeal would ensure future promotion boards would no longer see and consider the CDI for promotion potential.

Before submitting a CDI appeal, an Airman/woman should consult with an experienced military lawyer. Military legal writing is a unique skill, one that a non-military lawyer is unlikely to possess. Additionally, a lawyer will be able to provide a fresh perspective and will be able to identify and collect additional evidence to be used for a CDI appeal. Area Defense Counsel (ADCs) are available; however, it is unlikely that they will have the time and desire needed to prepare a thorough CDI appeal. Additionally, they are often over-worked and inexperienced. Airmen/women can hire a Civilian Counsel, which allows the Servicemember to chose a lawyer with a proven track record of success and stellar former client reviews.

This Article was written by Attorney Matthew Barry.

The Law Office of Matthew Barry represents clients worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.