CDI Rebuttal

How do you write a CDI rebuttal (Commander Directed Investigation Rebuttal) in the Air Force?

CDIs (Commander Directed Investigations) are governed by DAFMAN1-101, available at this link. CDIs (Commander Directed Investigations) in the Air Force are the Commander's primary tool to investigate allegations of misconduct when not within the jurisdiction of OSI/Security Forces. The CDI investigation process is explained more at this link.

After the investigating officer (IO) completes his/her report, and the report contains substantiated findings, it must be served on the subject before the findings become finalized.  A tentative conclusion letter (TCL) will be drafted. A TCL "briefly outline[s] the allegations substantiated against the subject, the primary reasons that support the substantiated conclusion, and will include a redacted copy of the relevant portions of the preliminary ROI [report of investigation] as well as a transcript of the subject's testimony as attachments." The TCL will be served on the subject and the subject will be provided no more than two weeks to submit a CDI Rebuttal. A CDI rebuttal can include an additional statement from the subject, legal analysis, and additional evidence not considered by the IO. Every rebuttal is unique, and a subject should not attempt to write his/her rebuttal by using a CDI rebuttal example or CDI rebuttal template.

After reading the subject's CDI rebuttal to the proposed findings, the CDI appointing authority can decide to make no modifications and finalize report. Or, if the appointing authority decides that modifications may be warranted, he/she sends the report, along with the CDI rebuttal, back to the IO. It is then up to the IO to decide if any modifications are warranted. This could result in the IO confirming his/her original findings or making changes.

If the IO refuses to make any modifications, the appointing authority can still make modifications within his/her discretion. The appointing authority can make a substantiated finding unsubstantiated or an unsubstantiated finding substantiated. This power makes a good CDI rebuttal even more important. If the appointing authority modifies the IO's findings, he/she must document his/her rationale. Additionally, if a finding changes from unsubstantiated to substantiated, the referral process described above must be completed and the subject must be given the opportunity to submit a CDI rebuttal.

If a CDI results in substantiated findings of wrongdoing of an Air Force Officer, the SAF/IGQ must be informed through the local IG. Additionally, Commanders must provide all completed CDI Reports to the local IG for retention, regardless of rank or finding. A substantiated CDI finding in the Air Force can also result in numerous adverse actions, such as Article 15s, LOCs, LOAs, LORs, establishment of a UIF, and the initiation of separation (Officers and Enlisted).

Furthermore, for Officers, a CDI with a substantiated finding, but the Command takes no action, is still documented in a memorandum called an Adverse Information Summary (AIS).  The AIS includes the following: "grade and position at the time of the allegation, summary of what the officer did, investigating agency, findings, date findings approved, command actions taken (e.g. verbal counseling or no command action), and reason for command action (or no command action)."  Prior to submitting the AIS, which is filed in the Officer's MPerRGp and OSR, the Officer will be afforded the opportunity to submit another rebuttal/response, which will be filed along with the AIS.

All of these actions can have significant career consequences, which makes any subject's actions during an investigation, including drafting a CDI rebuttal, very important.

Any Airman/woman who has been served a TCL and afforded the opportunity to submit a CDI rebuttal should proceed with extreme caution, as his/her career is in jeopardy. Area Defense Counsel (ADCs) are available to assist with a CDI rebuttal; however, they are often inexperienced, over-worked, and unwilling to provide the time and attention necessary to provide a thorough rebuttal.  Any Airman/woman in this situation should expect his/her lawyer to review all provided documents in depth, identify and collect additional evidence (i.e. sworn statements, text messages, emails, photos, videos, etc.), and draft the response for the subject.  Civilian Counsel can be retained, which allows an Airman/woman the ability to chose a lawyer with an proven track record of success and a high-number of quality 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.

Contact him today for a free consultation to start building your Defense.