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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

How Adverse Counseling Impacts Your Future

An adverse counseling, such as a 6105-entry, Letter of Reprimand, or Letter of Caution, can severely damage a servicemember’s military record and affect their potential for reenlistment, promotion, and career advancement.

Such counselings are often used as the basis for administrative separation proceedings, relief for cause, or other adverse personnel actions.

Military Justice Attorneys are experienced in helping servicemembers rebut false or unsupported allegations in adverse counselings and then working to get those counselings removed from their military records.

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What Is an Adverse Counseling, and Why Is a Rebuttal Necessary?

Adverse counseling is a formal documentation issued by a supervisor or commander to address a performance issue, misconduct, or behavior that requires correction. It often includes details about the issue, expected improvements, and potential consequences if the issue persists.

A rebuttal is sometimes helpful because it provides the individual receiving the counseling an opportunity to explain their side of the story, clarify any inaccuracies, or dispute unfair allegations.

Without a rebuttal, the counseling may stand unchallenged, potentially influencing performance evaluations, promotions, or even disciplinary actions. A well-crafted rebuttal ensures your perspective is included in the official record and demonstrates that you are proactive and professional in addressing concerns. Rebutting an adverse counseling is not always in a service member’s best interest, however, and may be counterproductive or even make matters worse. A service member should consult an experienced attorney before deciding whether to rebut an adverse counseling.

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How Should I Rebut an Adverse Counseling?

When writing a rebuttal, it’s essential to remain professional, factual, and concise. Start by acknowledging the counseling and stating your intention to provide your perspective. You may choose to address each point raised in the counseling, using evidence or examples to support your claims, or strategically address only certain points. It’s typically best to avoid emotional or confrontational language, as this could undermine the credibility of your response. If any of the assertions in the counseling are incorrect, an effective rebuttal will provide a clear and factual refutation of the allegation with supporting evidence. Proofread your rebuttal carefully before submitting it, as errors could reflect poorly on your professionalism. Deciding on the appropriate tone and content of a rebuttal is highly specific. An experienced attorney can help you decide whether a rebuttal is appropriate in your specific case and, if so, what to include.

What Should I Avoid When Submitting a Rebuttal?

If you have consulted with an attorney and choose to submit a response, avoid being defensive, confrontational, or overly emotional in your rebuttal, as these approaches can escalate tensions and reduce the impact of your response. Refrain from making unsupported accusations or personal attacks, as these can reflect poorly on your character and professionalism.

Additionally, avoid including irrelevant information or lengthy narratives that do not directly address the points in the adverse counseling. Keep the rebuttal focused, organized, and relevant. Clearly state the relief you are requesting and cite the legal authority and any supporting cases that support your request.

Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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What Happens After I Submit My Rebuttal to Adverse Counseling?

After submitting your rebuttal, it typically becomes part of your official record alongside the adverse counseling. Your supervisor or the individual who issued the counseling may review your response and choose to address any inaccuracies or concerns you’ve raised. Depending on the nature of the counseling and rebuttal, there might be follow-up discussions, clarifications, or adjustments to the original counseling document. In some cases, your rebuttal may prompt further investigations if the situation involves conflicting perspectives. It is crucial to remain professional throughout the process, as your attitude and actions can influence the outcome.

Can Adverse Counseling Impact My Career If I Submit a Rebuttal?

Submitting a rebuttal does not inherently harm your career; in fact, it can demonstrate your willingness to communicate openly and resolve issues. A well-written, professional rebuttal shows that you are serious about your responsibilities and care about your reputation. However, adverse counseling documentation, with or without a rebuttal, can potentially influence performance evaluations, promotions, or disciplinary actions. Submitting a rebuttal helps ensure your side of the story is documented, which could mitigate potential negative impacts. The key is to approach the rebuttal process thoughtfully and professionally, as this can leave a positive impression even in a challenging situation.

Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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How Can I Ensure My Rebuttal Is Taken Seriously?

To ensure your rebuttal is taken seriously, focus on clarity, professionalism, and factual accuracy. Provide specific examples, dates, and supporting evidence to back up your claims, as this strengthens your credibility. Use respectful and constructive language, even if you disagree with the counseling’s content. It is best practice to always seek advice from an experienced military justice attorney before drafting or submitting a rebuttal. A well-prepared rebuttal shows you are serious about resolving the issue and maintaining a positive working relationship.

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How Can Military Justice Attorneys Help With an Adverse Counseling Rebuttal?

At Military Justice Attorneys, we understand how adverse counseling can impact your career and future opportunities. Our experienced team is here to guide you through the process of crafting a strong, professional rebuttal. We can help you analyze the counseling for inaccuracies, gather supporting evidence, and ensure your response is clear, concise, and compelling. By working with us, you gain the advantage of having legal professionals who understand military regulations and the unique challenges of military service. Our goal is to protect your rights, preserve your reputation, and advocate for your best interests. Let us stand with you to ensure your voice is heard and your record is as accurate and fair as possible.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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