A military attorney’s role is multifaceted and critical when representing a service member who is the subject of a contested Equal Opportunity (EO) investigation. This role begins with obtaining a complete copy of the EO investigation report and all supporting evidence. The attorney meticulously scrutinizes the entire file for procedural errors, investigator bias, logical fallacies, and any failure to consider all relevant evidence, including information that is favorable to their client.
Next, the attorney assists the service member in drafting a comprehensive and powerful rebuttal to the investigation’s findings. This rebuttal will attack the weaknesses in the report, challenge the credibility of adverse witnesses, and present evidence and sworn statements that support their client’s version of events. The goal is to demonstrate to the command that the investigation’s conclusions are unreliable or that the allegations are unsubstantiated. This rebuttal becomes a permanent part of the record.
Finally, if the command decides to take adverse action against the service member based on the EO findings (such as issuing a reprimand or initiating separation), the attorney will represent the member in those proceedings. They will use all the flaws identified in the investigation to defend their client, arguing that any action based on such a contested and flawed report would be unjust. Their ultimate responsibility is to ensure their client’s rights are protected and that they are not unfairly punished based on a faulty EO investigation.