LOR in the Air Force

December 23, 2024

What is a LOR in the Air Force?

LOR stands for "letter of reprimand."

An LOR in the Air Force is an "administrative censure for violation of standards which is more severe than an RIC (Record of Individual Counseling), LOC (Letter of Counseling), or LOA (Letter of Admonishment) and indicates a stronger degree of official censure." An LOR 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 LOR in the Air Force has to include, as attachments, the documents that serve as the basis for the reprimand. Typically, this includes a completed CDI, OSI Investigation, or Civilian Investigation.

What AFI Governs LORs?

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

Who can issue a LOR in the Air Force?

For Enlisted Members, General Officers, Commanders, First Sergeants, Supervisors (military or civilian), and other individuals in the member's administrative or operational chain of command can issue administrative actions.

For Officers, only supervisors and members of the Officer's current administrative or operational chain of command may issue an LOR in the Air Force.

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

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 LOR in the Air Force.

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

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

A lawyer should be consulted before anyone drafts or submits an LOR rebuttal. While ADCs are available to assist, they are likely to be inexperienced and overworked. Civilian lawyers can be retained to draft an LOR 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.

For Enlisted members, after considering their rebuttal, a UIF and PIF may, or may not, be established.

For Officers, an LOR in the Air Force must be filed in the UIF and OSR.

Can a LOR be withdrawn or rescinded after a UIF/PIF is established?

Yes. After an LOR 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 LOR;
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 LOR 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 LOR?

An LOR 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. The underlying allegation can also be used as a basis to initiate separation (enlisted) or elimination (officers). This makes a member's response an LOR in the Air Force even more important.

Conclusion

Once a LOR 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.