Source:
AFI 36-2907
There has been a recent change to AFI
36-2907, specifically paragraph 3.5 which governs the form and contents of RICs,
LOCs, LOAs and LORs. The latest version of the AFI requires that:
“The person who initiates the
RIC, LOC, LOA, or LOR has 3 duty days to advise the individual of their final
decision regarding any comments submitted by the individual.”
In other words, the initiator is
now required to formally advise the member of the initiator’s final decision as
to whether or not to issue the counseling. Failing to do so could
potentially prevent the use of that RIC, LOC, LOA or LOR for discharge purposes
or at Court-Martial. Given the critical role played by these documents in
the discharge and court-martial process, it is very important that you comply
with this new requirement and that you properly document your
compliance.
We recommend that all RICs,
LOCs, LOAs and LORs now include a third and fourth endorsement which will
document the person initiating the paperwork has considered any submissions from
the member and that the member has been informed of the final disposition of the
paperwork.
Alternatively, the person the
paperwork could draft a separate MFR memorializing that the member was properly
advised, but this is not the preferred method.
We have attached a new writing
guide for LOCs, LOAs and LORs which explains current AFI requirements, provides
a sample LOR and contains a short checklist for issuing LOCs, LOAs and LORs. If
you have any questions or concerns, please contact myself any of my justice
attorneys or paralegals (on the CC: line)