LOC in the Air Force

December 24, 2024

What is an LOC in the Air Force?

LOC stands for "letter of counseling"

An LOC in the Air Force is an "administrative censure for violation of standards. The intended outcome of an LOC is to help Airmen and Guardians use good judgment, assume responsibility, understand and maintain standards, and face and solve problems. Generally, [an LOC] is a form of corrective action appropriate for correcting habits or shortcomings not necessarily criminal or illegal, but which can ultimately affect job performance, work center morale, and discipline." An LOC in the Air Force is less severe than an LOA (letter of admonishment) or LOR (letter of reprimand), but more severe than an RIC (record of individual counseling).

An LOC should include the reasons for the action (i.e. what the member did/failed to do, citing specific incidents and dates), list ways for the member to improve, and inform the member that further deviation may result in more severe action. Additionally, an LOC in the Air Force has to include, as attachments, the documents that serve as the basis for the counseling. Typically, this includes a completed CDI, OSI Investigation, or Civilian Investigation, or portions of said investigations. DA Form 1058 should be used.

What AFI Governs LOCs?

AFI 36-2907 governs an LOC in the Air Force.

Who can issue an LOC in the Air Force?

General Officers, Commanders, First Sergeants, Supervisors (military or civilian) and other individuals in the member's administrative operational chain of command can issue an LOC in the Air Force.

What is the Standard of Proof for Allegations on an LOC?

The standard of proof is a preponderance of the evidence, or "more likely than not." Basically, an allegation has to be proven by a 50.0001% certainty to be listed on an LOC in the Air Force.

Does a Member get to respond to an LOC in the Air Force?

Yes. If active or AGR, anyone issued an LOC is given three duty days to respond - extensions can be requested and granted. Other components typically get 45 days to respond. An LOC rebuttal should focus on addressing the allegations listed, and not just on general character. An LOC rebuttal can, and should, include additional evidence that either rebuts or mitigates/extenuates the allegations listed. An LOC rebuttal can include additional statements, text messages, photos, emails, etc.

Additionally, considering than an LOC in the Air Force is more of a learning tool, typically a rebuttal should demonstrate lessons learned and efforts to ensure that the individual in question will improve and will not make the same mistakes.

A lawyer should be consulted before anyone drafts or submits an LOC rebuttal. While ADCs are available to assist, they are likely to be inexperienced and overworked. Civilian lawyers can be retained to draft an LOC rebuttal, which allows a Servicemember to select a lawyer with a proven track record of success and a high-number of quality reviews by former clients.

After considering their rebuttal, a UIF may, or may not, be established. This decision is made by a Commander or Supervisor.

For Officers, if a UIF is not established, an LOA must be filed in the Officer's PIF.

Can an LOC be withdrawn or rescinded after a UIF is established or filed in the PIF?

Yes. After an LOC in the Air Force is filed in a UIF/PIF, a member can petition to remove it under the following circumstances:

New evidence shows, by a preponderance of the evidence, that the member did not commit the act listed on the LOC;
If the issuing authority violated the members' due process rights; or,
If the appropriate authority determines more or less severe action is warranted

Essentially, any member wanting to appeal an LOC in his/her UIF/PIF should petition, in writing, the appropriate authority. Such an appeal should be drafted by an experienced Military Lawyer and should include either additional evidence not previously considered, or a legal argument.

What are the consequences of a LOC?

An LOC in the Air Force, as well as the establishment of a UIF, can affect evaluation reports, promotions, assignments, reenlistments, reclassifications, and more career altering decisions. Furthermore, if the same/similar behavior listed on an LOC is repeated, it can result in more serious actions like an LOA, LOR, or Article 15/Nonjudicial Punishment. Finally, the underlying allegation can also be used as a basis to initiate separation (enlisted) or elimination (officers). This makes a member's response an LOC in the Air Force even more important.

Conclusion

Once an LOC is issued to a Servicemember, his/her career is threatened. Anyone in such a situation should immediately contact an experienced Military Lawyer.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents clients worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Servicemembers accused of misconduct.