UIF in the Air Force

September 24, 2024

A UIF in the Air Force is regulated by DAFI 36-2907, available at this link. This article is intended to explain what a UIF in the Air Force is, how it is established, how to prevent one from being established, the effects it can have on an Airman/woman's career and how to request early termination of one.

What is a UIF in the Air Force?

UIF in the Air Force is an acronym for unfavorable information file. A UIF in the Air Force is "an official record of unfavorable information about an individual. It documents administrative, judicial, and nonjudicial actions."

Any of the following actions can be placed in a UIF in the Air Force:

Record of Individual Counseling (RIC)
Letter of Counseling (LOC)
Letter of Admonishment (LOA)
Letter of Reprimand (LOR)
Article 15s
Court-Martial Convictions
Civilian Court Convictions

The standard of proof for all adverse administrative actions is a preponderance of the evidence, or more likely than not (50.01%).

How is a Unfavorable Information File in the Air Force Established?

A UIF in the Air Force can be established by the following individuals:

Commanders or equivalent civilian directors at all levels;
The Commander, Deputy Command, Staff Director, and Directors at MAJCOM/FLDCOM or MAJCOM/FLDCOM Commander directed designee, field operating agencies, and direct reporting units and the Adjutant General (TAG), Commanding General, or directed designee at the applicable State, District, or Territory Headquarters for Title 32 members;
The Chief of Staff, Chief of Space Operations, Vice Chief of Staff, Vice Chief of Space Operations, Assistant Vice Chief of Staff, Space Force Director of Staff, Deputy Chiefs of Staff, Deputy Chiefs of Space Operations, Assistant Chiefs of Staff, Assistant Chiefs of Space Operations, other heads, and directors (military or civilian) of deputy chiefs of staff and chiefs of space operations or other staff agencies;
Various Civilian leaders and Military Officers within the Office of the Secretary of the Air Force, Office of the Joint Chiefs of Staff, and Office of the Secretary of Defense;
The senior Air Force or Space Force Officer assigned to a joint Command;
The HQ RIO Detachment Commanders for Civil Air Patrol Reserve Assistance Program and the Admissions Liaison Officer Program;

Initiating a UIF in the Air Force is accomplished by the appropriate initiating authority referring the applicable documents (RIC, LOC, LOA, LOR etc.) to the member in question, with the supporting documentation, using a DAF Form 1058.

Any LOR (letter of reprimand) issued to an Officer must result in the establishment of a UIF, and therefore a UIF will be created no matter the circumstance. Additionally, for Officers, Article 15s, Court-Martial Convictions, and Civilian Convictions also must result in the establishment of a UIF.

For enlisted members, any Article 15 with punishment exceeding 1 month, a court-martial conviction, or civilian conviction must be filed in his/her UIF.

If the establishment of a UIF is optional (all other actions), then the Airman/woman in question has the opportunity to respond before a UIF is established. The member is provided at least 3 duty days to respond (if the member is Reserve/National Guard and not on Active Status, then 45 days are provided for a response).

Actions of Imposing Authority after Member's Response

After considering the members response, the imposing authority can decide to establish a UIF, place the record in question in an already existing UIF, not establish a UIF, downgrade the action, or rescind the action. If the imposing authority decides not to establish an unfavorable information file, he/she can reverse this decision and establish a UIF within a 6-month time period. If a UIF is established, the member's response is included.

How to Respond to intent to establish an Unfavorable Information File in the Air Force?

Any Airman/woman who has been provided notice of intent to establish a UIF should start by reviewing all of the documents in depth with his/her lawyer. Then, both counsel and the member should brainstorm what additional evidence should be collected to provide in response. This could include additional statements, text messages, photos, videos, emails, cell phone data, and more. The member and his/her lawyer should then collect this additional evidence and draft a response. A member's response to the intent to establish an unfavorable information file should address the allegations head on and be supported/corroborated by outside evidence. Character evidence, while always helpful, will likely not be enough to prevent the establishment of a UIF in the Air Force.

The Effects of a UIF in the Air Force

The establishment of a UIF in the Air Force can affect evaluation reports, promotions, assignments, reenlistments, reclassifications, and more career altering decisions. The underlying adverse action and allegation can also be used as a basis to initiate separation (enlisted) or elimination (officers). This makes a member's response to the intent to establish a UIF even more important.

Accessing the File

Any Air Force Servicemember with a UIF has the right to inspect the file. Additionally, the following individuals can access a Airman/woman's unfavorable information file:

UIF initiating authorities;
First Sergeants for enlisted members assigned to their units;
Performance Report Rating Officials;
The Senior Air Force or Space Force Officer or Commander of an Air Force or Space Force Element in a Joint Command;
The Air Force or Space Force Element Section Command in a Joint Command with written approval from Air Force or Space Force Officer/Commander;
MPF Personnel, IG, Inspection Team Members, JAGs, Paralegals, OSI, SF, other investigators, Military EO Personnel, and substance abuse counselors in the course of official duties;
HQ RIO Detachment Commander for AFR Individual Reservists; and,
NGB/HR and RegAF Servicing FSS for ANG Statutory Tour Members, NGB-SL for General Officers and Colonels with or pending a certificate of eligibility, and servicing FSS for all other ANG members

How to appeal or remove a UIF in the Air Force

UIF establishing authorities can initiate early removal from the UIF of adverse administrative actions in the following situations:

When nonjudicial punishment under Article 15 is set aside or a civilian conviction is overturned;
When the UIF establishing authority determines by a preponderance of the evidence that the member did not commit the offense in question;
Upon the completion of punishment from a court martial (only GCMCA) or article 15;

Requests for removal of UIF can be initiated by the Airman/woman in question. DAF Form 1058 can be used to request removal.

Legal Representation

As detailed above, when an Airman/woman receives notice of intent to establish a UIF, he/she should immediately consult with a lawyer. Area Defense Counsel (ADCs) are available; however, they are often over-worked and inexperienced. Airmen/women can retain a civilian counsel. This allows the Servicemember in question to retain a lawyer with a proven track record of success and a high-number of quality former client reviews.

This article was written by Attorney Matthew Barry, an experienced Military Lawyer.

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