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.
AR 600-37
3–2. Policies
a. Except as indicated in paragraph 3–3, unfavorable information will not be filed in an official personnel file unless the recipient has been given the chance to review the documentation that serves as the basis for the proposed filing and make a written statement, or to decline, in writing, to make such a statement.
This statement may include evidence that rebuts, explains, or mitigates the unfavorable information. (See para 3–6.) The issuing authority should fully affirm and document unfavorable information to be considered for inclusion in official personnel files. (emphasis added)
A Soldier cannot be given a letter of reprimand for the same incident twice. Now, without seeing the actual reprimands, I cannot definitively state that they are letters of reprimand.
What this Soldier may be referring to as a letter of reprimand may be a letter of counseling or concern. Either of these can be given without supporting documentation and there is no rebuttal process.
If they were letters of reprimand, I am going assume they were given by a Company Commander. However, only a General Officer can direct a reprimand be filed in a Soldier’s Army Military Human Resource Record (AMHRR) (formerly OMPF). I do not see any chance of this reprimand being forwarded to a General Officer for filing. The reprimand will be placed in the Soldier’s Official Military Personnel File (MPRJ) (local unit file) for up to three years, or until the Soldier departs to another GCMCA.
Also, if it is filed in the Soldier’s local file, any rebuttal matters must be attached to it. (para 3-4a(4)).
If the Soldier did receive a letter of reprimand, and was given another for rebutting the first, and was not provided any documentation of evidence for the basis of the reprimand, the Soldier would have a good case to speak with IG if he feels that strongly about it. The Soldier would have to decide it this is a battle worth fighting.
He could also seek assistance from the local Legal Assistance Office before going to IG. The attorneys there would be able to look at the documentation and let the Soldier know exactly what he has. (I would recommend this course of action first.) Then the Soldier can decide if he wants to pursue this further. A lot of times it is just a phone call from a Legal Assistance Attorney to the issuing Commander to educate them on the process and the situation is settled.
Did you find this information useful? We appreciate your feedback!
