Legal Question in Military Law in Massachusetts

I am an E-8 in the USAF and was issued a Letter or Reprimand and removed from my position and detailed into another position outside of my Air Force specialty. I contested this action because I am not guilty of the allegations in the Letter of Reprimand and it does not accurately cite any violation of an order or regulation committed by me. I have since filed an Article 138 and have been waiting on a response for nearly 6 months. My enlistment expires in late January 2010 and I feel as though the command is merely attempting to let the clock run out so that no ruling has to be made. How long am I required to wait on a formal complaint and what else is there to do to get an answer?

Asked on 1/04/10, 6:54 am

2 Answers from Attorneys

James Hall Qua, Hall, Harvey & Walsh

I'm not sure if the AF regulation mirrors the Army regulation, but in the Army you would first file a "request for redress" requesting certain actions or corrections. If the request for redress is not answered, then you would file the 138 complaint. I think 30 days is enough time. If you haven't received a response from the Commander, then forward it to his superior officer, or the next general in the chain of command. You also had the right to rebut the Letter of Reprimand if it was going to be filed permanently.

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Answered on 1/09/10, 10:02 am

Joseph Murray Joseph M. Murray, Esq.

If you have not already done so, you should request legal assistance from the legal assitance officer in your chain of command. Good Luck!

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Answered on 1/11/10, 7:48 pm

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