Area Defense Counsel advocate for Airmen

  • Published
  • By Stephen Delgado
  • 56th Fighter Wing Public Affairs
If trouble befalls an Airman, it can seem overwhelming wading through paperwork and trying to understand how to deal with the problem. An Airman may need help in dealing with problems such as Article 15s and reprimand and counseling actions.
There are people assigned to assist Airmen in these situations.
 
"Our primary task is to assist Airmen, officers and enlisted, who are facing adverse administrative actions, and to represent them in any hearing in which representation is called for under Air Force guidance," said Capt. Jeffrey Davis, 56th Fighter Wing Area Defense Counsel. "We advise clients with respect to letters of counseling, letters of reprimand, referral enlisted performance reports, unfavorable information files, Article 15s, administrative discharges, discharge boards, flight and medical evaluation boards and courts-martial."

The ADC relationship with the 56th FW is technically different than other sections on base.

"We are technically a tenant unit on base, with no administrative connection to the wing or higher authority other than for personnel matters," Captain Davis said. "The leadership that we answer to is located in Washington and is independent from the rest of the Air Force, which allows us to act as a completely independent advisor to the Airmen that we represent. Although, we work closely with commanders, first sergeants and the wing command in advocating for our clients, ultimately they do not have command authority over us."

What's more, the Area Defense Counsel will go to court and represent clients if necessary.

"We will actually go to court and represent clients during discharge board hearings, flying evaluation board hearings, courts-martial and other hearings," Captain Davis said. "However, the first challenge for us is just making sure that all Airmen are aware we are here to serve them, and once they are aware, they can call or stop by at any time and if necessary a person can make an appointment. We are a two-person office consisting of Tech. Sgt. Jessica Taylor, defense paralegal, and me. Most Airmen who come to the office will see Sergeant Taylor and me during their first visit, and then we will schedule follow-up visits if necessary, and in some cases we will call them back to schedule follow-up visits."

It is not uncommon for younger Airmen to be unaware that the ADC is here to assist them, according to Captain Davis.

"Most commanders and first sergeants are good about calling our office and setting up appointments for these Airmen to seek advice," he said. "Most enlisted Airmen who are served an Article 15 will have an appointment set up by the first sergeant the day they are served."

All clients who visit the ADC office come on their own accord.

"We are not permitted to solicit clients independently," Captain Davis said. "Sergeant Taylor or I could know someone who needs our assistance, but they must stop by on their own accord for we are not allowed talk to them directly and request that they come and see us. It is also important to remember that if an Airman is facing criminal or civil charges in civilian courts, we are limited in our ability to assist them. I am not permitted to engage in the practice of law off base and may not represent a client in court off base.

"If members have charges pending in a civilian court, they can stop by our office and seek general advice and guidance, but I am not allowed to represent them in court, draft documents on their behalf, or take any actions that would constitute practicing law."
It is important to know what the legal office does versus what ADC does.

"Unlike the legal office that assists retirees, dependents and Airmen in need of general assistance, we only deal with adverse actions being taken against active-duty members, and in particular military actions," Captain Davis said.

For more information, go to the ADC office located on the third floor of Bldg. 1150 or call (623) 856-6701.