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New LOC/LOR procedures

Author: 4FW JAG
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)





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Page added on: 17 January 2006