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Can I get a letter of repimand for appealing a previous letter of reprimand?

I was given a letter of reprimand for smoking in front of a building (no witnesses), then I was forced to pick up all cigarette butts. There is no sign stating this is a "NO SMOKING AREA." There were no prior corrective actions taken like verbal counseling or written counseling, and I was never told not to smoke in this location. Now I am getting another LOR for rebutting my first LOR, and the same initial "offense". So my question would be, can you be given an LOR for the rebutting the first LOR?

No!

AR 600-37 covers letters of reprimand and you are allowed to appeal them.  If you received another LOR  just for appealing this may be retribution and something that JAG needs to be informed of, or at least the next higher Commander.

A number of issues concern me here.

First, a Soldier must be given the opportunity to rebut any letter of reprimand.  Second, the letter of reprimand must be based on evidence, not just the word of someone:  i.e., supporting documentation must be given to the Soldier being reprimanded.  That can be a sworn statement, Commander inquiry investigation, etc.   A reprimand cannot be given because a Platoon Sergeant verbally told a Company Commander they saw a Soldier smoking where they should not be.

posted on 12/27/2013 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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